LAWS(HPH)-2019-10-184

LAXMI KANT Vs. MADAN LAL THAKUR

Decided On October 01, 2019
LAXMI KANT Appellant
V/S
Madan Lal Thakur Respondents

JUDGEMENT

(1.) Present revision petition has been filed assailing judgment dated 24.8.2017, passed by learned Additional Sessions Judge-II, Shimla, District Shimla H.P., in Cr. Appeal No. 17-S/10 of 2016, whereby judgment and order of conviction and sentence dated 1.3.2016 passed by learned Additional Chief Whether Reporters of Local Papers may be allowed to see the judgment? Yes Judicial Magistrate, Court No.2, Shimla, in RBT Case No. 2298-3 of 2014/10 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of three months and to pay compensation of Rs.2,60,000/- to the complainant has been affirmed.

(2.) Accused/petitioner Laxmi Kant and complainant/respondent Madan Lal Thakur are present in person, who have been identified by their learned counsel. Their statements, on oath, have been recorded and placed on the file.

(3.) Petitioner Laxmi Kant has stated that matter has been amicably settled with complainant/respondent Madan Lal Thakur and accordingly, he has agreed for withdrawal of complaint filed by him for compounding the case and as per compromise, he has paid Rs.20,000/- today to respondent Madan Lal Thakur and second installment of Rs.80,000/- shall be paid by him to respondent on or before 31 st December, 2019 and last and final payment of balance amount of Rs.1,60,000/- shall be made by him on or before 31 st March, 2020 and in case of default, the judgment of conviction passed against him by the trial Court and affirmed by the Appellate Court, impugned in this petition, shall revive. He also undertakes to deposit the compounding fee of Rs.10,000/- on or before 30th November, 2019 with the H.P. State Legal Services Authority. He has also stated that he has entered into the compromise and deposed in the Court out of his free will, consent and without any fear, threat, pressure or coercion.