Sukhwinder Singh @ Shinda Foji v. State Of Haryana And Others
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33 Learned State counsel, on instructions from SI Devraj, has submitted that only respondents No. 2 to 4 are the complainant/victims in the present case and there is no other victim. Learned counsel for the petitioner has submitted that in the present case, although there were two accused persons but however, only one accused has filed the present petition as compromise has been effected only with him and has thus, relied upon the judgment of the
Hon'ble Supreme Court titled as Jayrajsinh Digvijaysinh Rana Vs. State of Gujarat and another, reported as 2012 (12) SCC 401, to contend that where there is a partial compromise with some of the accused then also, the proceedings against the said petitioner/accused should be quashed as the same would not even remotely result in conviction of the said accused.
List on 18.08.2022.
The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of 10 days.
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33 This is an application filed under Section 482 Cr.P.C. to modify the order dated 18.08.2022 in the interest of justice. Learned counsel for the applicant-petitioner has submitted that as per order dated 18.08.2022, the applicant-petitioner was to deposit the costs of Rs.5,000/- within a period of 10 days from 18.08.2022 and thereafter, two months time had been granted for recording of the statements qua the compromise. It is further submitted that the cost has been deposited, but the same has been
deposited after a delay of two days i.e., on 30.08.2022 and it has been prayed that the said delay be condoned and that the parties would now appear to get their statements recorded for which, the period as granted vide order dated 18.08.2022 still persists.
Notice of the application.
On the asking of the Court, Mr. Dhruv Sihag, AAG, Haryana, accepts notice on behalf of respondent No.1 and has submitted that he has no objection in case the delay in depositing the said cost is condoned. Keeping in view the above, the present application is disposed of with the observation that the delay in depositing the cost of Rs.5,000/- is condoned and the parties are granted liberty to appear before the trial Court and get their statements recorded and the trial Court is further directed to record the statements of the parties with respect to the compromise as directed vide order dated 18.08.2022." . '
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