JAMSHED ALI Vs. KABIR SHARMAN

JUDGEMENT

(1.) ASSAILING the judgment dated 27.9.2010, 1st passed by the Judicial Magistrate Class, Manali, District Kullu, H.P., in Criminal Case No.289/07:35-II/09, titled as Sh. Kabir Sharman versus Sh. Jamshed Ali, as affirmed by learned Sessions Judge, Kullu vide judgment dated 21.2.2012, in Criminal Appeal No.51 of 2010, titled as Shri Jamshed Ali versus Kabir Sharman, Whether reports of Local Papers may be allowed to see the judgment? the accused-petitioner has filed the present revision petition under Sections 397 and 401 of the Code of Criminal Procedure, 1973.

(2.) IT is stated at the Bar by Mr. Anup Chitkara, learned counsel, ably assisted by Ms. Vibhuti Nakta, learned Advocate that the entire amount of compensation so awarded by the trial Court in terms of the judgment dated 27.9.2010, passed by the Judicial Magistrate 1st Class, Manali, District Kullu, H.P., stands deposited before the trial Court. It is also stated by the learned counsel for the parties that keeping in view the judgment rendered by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H.(2010) 5 SCC 663, the offence in question may be compounded.

(3.) IN view of the aforesaid, offence stands compounded and the judgments of conviction and sentence, passed by the Courts below are set aside. The respondent herein is at liberty to withdraw the amount of compensation amounting to Rs.4,50,000/- alongwith interest, if any, by moving appropriate application before the trial Court. Additionally, it is directed that 15% of the amount of cheque in question, which is of Rs.4,00,000/-, if not already deposited, shall be deposited by the petitioner herein before the Himachal Pradesh State Legal Services Authority. It is clarified that if the amount is not deposited within a period of eight weeks from today, the judgment of conviction and sentence shall revive. It is also clarified that if there is some confusion with regard to the deposit of amount of compensation so awarded by the trial Court, the petitioner shall deposit the same within the aforesaid period. With the aforesaid observations, present petition stands disposed of, so also, the pending application(s), if any.