STATE OF HIMACHAL PRADESH Vs. MEHAR CHAND @ NIKKA

JUDGEMENT

(1.) Cr.Mpm No. 1299 of 2016.

(2.) Heard. By way of this appeal, order passed by the Court of learned Additional Sessions Judge (II), Una, Circuit Court at Amb, District Una, stands assailed, vide which application so filed by the present respondent/appellant before the learned Appellate Court under Section 320 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.' for short) for compounding of the case was allowed by the learned Appellate Court and that too on the basis of consent so given by the learned Public Prosecutor before the said Court that the State has no objection in case this case is compounded by the Court.

(3.) The grievance raised by way of this appeal is that there is an infirmity in the order so passed by the learned Appellate Court to the extent that learned Appellate Court erred in ordering that in view of compounding of the case, FIR and challan stood "dismissed" whereas the word which ought to have been used in the order should have been 'quashed' and further that there ought to have been a specific line in the order that the judgment of conviction so passed by the learned trial Court stood set aside and that the appellant was further ordered to have been acquitted.