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High Court Of ChhattisgarhCRR/890/2017disposed off

Shyama Patel v. State Of Chhattisgarh

2018-09-08Hon'Ble Smt. Justice Vimla Singh Kapoor2 pages

CHHATTISGARH HIGH COURT, BILASPUR NATIONAL LOK ADALAT Judge Lok Adalat : Hon'ble Smt. Justice Vimla Singh Kapoor Member Lok Adalat: Miss. Sharmila Singhai, Advocate. CRR No. 890 of 2017 Shyama Patel S/o. Manthir Patel, Aged about 22 years, (At present 33 years) R/o. Village Sorli, P.S. Dondilohara, District Durg (C.G.) Now at present District Balod (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through The Police Chowki Sanjari, Police Station Dondilohara, District Durg (C.G.) Now at present District Balod (C.G.) ---- Respondent -------------------------------------------------------------------------------------------------------------- Appearance :

Applicant Shyama Patel is present along with Shri Suresh Kumar Verma, Advocate.

Shri Anil S Pandey, Govt. Advocate for the State. Complainants- Jawahar Sinha and Smt. Gayatri Sinha are present in person along with Shri Basant Kaiwartya, Advocate --------------------------------------------------------------------------------------------------------------

ORDER

(Passed on 08th September, 2018) 1.

The applicant has been convicted under Sections 294 and 323 read with section 34 of the IPC by the Judicial Magistrate First Class, Dondilohara and the same is modified by the Second Additional Sessions Judge Balod (C.G.) in Cr. Appeal No. 263/2011 vide impugned judgment dated 07.02.2013, wherein the applicant is sentenced to pay fine of Rs. 800 and 800/- respectively with default stipulation for causing grievous hurt to

Jawahar Sinha and Gayatri Sinha and causing annoyance to them by using obscene words.

2.

The applicant and the complainant have filed an application for compounding the offence and the declaration made by complainants Jawahar Sinha and Gayatri Sinha at the bar.

3.

On due consideration, the application is allowed. 4.

As the offence is compoundable, therefore, with the permission of the Court, the offence is hereby compounded in view of Section 320(2) Cr.P.C.1973. The applicant is acquitted for commission of offence under Sections 323 read with section 34 of the IPC and conviction and sentence imposed upon the applicant by the trial Court is set aside. 5.

A copy of the docket (compromise arrived at between the parties) be sent to the Court concerned along with its record, if any, and a copy of the order passed today, forthwith.

Sd/ Sd/- (Vimla Singh Kapoor) (Sharmila Singhai) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Santosh