HEMANT KUMAR Vs. MOHAN LAL AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed against the judgment dated 12th March, 2018, passed by the learned Additional Sessions Judge, Kinnaur at Rampur in Criminal Appeal No. 33-R/10 of 2017, titled as Hemant Kumar Vs. Mohan Lal confirming the judgment dated 20th May, 2017, passed by Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P. in Case No. 43-3 of 2016, titled as Mohan Lal Vs. Hemant Kumar, vide which petitioner was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 1,75,000/- to the complainant, has been dismissed and the judgment passed by the Additional Chief Judicial Magistrate, Rampur Bushehar, District Shimla, H.P. has been upheld.

(2.) When this case was taken up for hearing, it was jointly submitted by the parties that as the matter stood amicably settled between the complainant and the accused, the complainant is no more interested in pursuing the case and he has no objection in case the order of conviction, passed against the present petitioner and as affirmed by the appellate Court is quashed and set aside provided that the entire amount,which stands deposited by the petitioner/accused with the Registry of this Court is ordered to be released in favour of the complainant. Statement of the complainant has been separately recorded.

(3.) From the records of the case, this Court finds that this is not a case wherein offence for which the petitioner has been charged can strictly be termed to be an offence against the State. On the other hand, continuation of criminal case against the petitioner would put the petitioner to great oppression and prejudice and extreme injustice would be caused to him in case the impugned judgment of conviction and sentence are not set aside.