HARI OM Vs. RAJINDER BHAIK

JUDGEMENT

(1.) Present Revision Petition has been filed, assailing judgment dtd. 26/7/2021, passed by Additional Sessions Judge, Kinnaur at Rampur Bushahar, District Shimla, H.P., in Criminal Appeal No.17 of 2020, titled as Hari Om vs. Rajinder Bhaik, whereby judgment/order dtd. 7/3/2020, passed by Additional Chief Judicial Magistrate Rampur Bushahar, District Shimla, H.P., in Case No.209 of 2016, titled as Rajinder Bhaik vs. Hari Om, convicting and sentencing the petitioner-accused to undergo simple imprisonment for six months and to pay compensation of Rs.2,80,000.00 to the complainant, has been affirmed.

(2.) During pendency of present revision petition, matter has been settled amicably. To this effect, statements of petitioner-Hari Om and Shri Narender Singh Thakur, Advocate, learned counsel for the respondent-complainant, have been recorded, separately, and placed on the file.

(3.) In his statement, petitioner-Hari Om has stated that in case respondent is ready to accept the amount of compensation plus Rs.5000.00 in addition thereto, which shall be paid by him within a month, he, instead of contesting the petition on merit, is ready for compounding the case and in that eventuality he has no objection for release of the amount deposited by him in the Registry of this Court as well as before the Trial Court, in favour of respondent-Rajinder Bhaik, Proprietor of V.V. Enterprises. He has further stated that because of loss in the business, he could not arrange the amount payable to the respondent, which led to the litigation and he has deposited the amount in the Court by arranging from his near, dear and family members. He has prayed that he be exempted from paying the compounding fee by taking a lenient view. Further that, he has deposed in this Court, out of his free will, consent and without any external pressure, coercion or threat of any kind.