BALWANT Vs. DEVI

JUDGEMENT

(1.) Present Revision Petition has been filed assailing judgment dated 23.03.2019 passed by learned Additional Sessions Judge (II), Shimla, District Shimla, H.P., in Cr. Appeal No. 14-R/10 of 2018, titled as Balwant vs. Smt. Devi, whereby judgment and order of conviction dated 01.10.2018 passed by learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P., in Case No.31-3 of 2018, titled as Devi vs. Balwant Singh, convicting and sentencing the petitioner-accused to undergo simple imprisonment for six months and to pay compensation of Rs. 70,000/- to the complainant, has been affirmed.

(2.) Respondent is duly served. Mr. Deepak Bhasin, Advocate, who is present in Court, had appeared in this case under telephonic instructions received by him, but he has not filed Power of Attorney till date. He submits that after receiving telephonic instructions, despite his repeated communications, neither Power of Attorney has been sent by the respondent nor instructions have been imparted. He further submits that from the compromise placed on record with application filed by the petitioner, it appears that matter stands compromised between the parties and the respondent has received the due amount and perhaps for this reason she is not coming forward and, therefore, he is not in a position to appear on her behalf and prays to relieve him from this case. His prayer is accepted and he is relieved from conducting this case on behalf of the respondent. Otherwise also there is no Power of Attorney filed by him on behalf of the respondent. Therefore, it is presumed that respondent has nothing to say against plea of petitioner and therefore, it is deemed that respondent is endorsing the compromise.

(3.) The petitioner has placed on record compromise deed duly executed between the parties, which has been signed by the parties, wherein it is stated that matter has been amicably settled between the parties and compensation amount of Rs. 58,400/- stands paid to the respondent and respondent wants to withdraw the complaint filed by her.