Ajju Alias Ajay Kumar And ANR v. State Of Haryana

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.2815 of 2017 and Criminal Misc. No.35297 of 2016 and Criminal Revision No.2986 of 2016 (O&M) .....

Date of decision:31.1.2017 Ajju alias Ajay Kumar and another

...Petitioners

v.

State of Haryana and another Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. S.K. Aggarwal, Advocate for the applicants-petitioners. Mr. Kuldeep Sharma, Deputy Advocate General, Haryana for the respondent No.1-State.

Mr. Ankur Lal, Advocate for respondent No.2.

.....

Inderjit Singh, J.

Cr. Misc. No.2815 of 2017:

For the reasons mentioned in the criminal miscellaneous application, the same is allowed and Anil Kumar is impleaded as respondent No.2. The amended memo of parties is taken on record. The Registry is directed to correct the memo of parties.

The criminal miscellaneous application stands disposed of. Cr. Misc. No.35297 of 2016:

For the reasons mentioned in the criminal miscellaneous

Cr. Revision No.2986 of 2016 (O&M) [2] application, the same is allowed and the documents i.e. compromise (Annexure-R.5) and copy of Voter ID card (Annexure-R.6) attached with the application are taken on record subject to all just exceptions. The criminal miscellaneous application stands disposed of. Cr. Rev.2986 of 2016:

This criminal revision petition has been filed under Section 401 Cr.P.C. against the impugned judgment dated 6.8.2016, vide which the appeal filed against the judgment of conviction dated 18.3.2015 and order of sentence dated 20.3.2015 passed by learned Judicial Magistrate Ist Class, Faridabad, convicting the petitioners/accused under Sections 323, 325 and 506 read with Section 34 IPC and sentencing them to undergo rigorous imprisonment for six months and to pay a fine of `1,000/- each for the offence under Section 323 IPC read with Section 34 IPC; further sentencing them to undergo rigorous imprisonment for two years and to pay a fine of `5,000/- each for the offence under Section 325 IPC read with Section 34 IPC and further sentencing them to undergo rigorous imprisonment for six months and to pay a fine of `2,000/- each for the offence under Section 506 IPC read with Section 34 IPC, has been dismissed. It has been ordered that in default of payment of fine, the convicts shall further undergo rigorous imprisonment for three months each.

Notice of motion was issued in this case.

Mr. Kuldeep Sharma, learned Deputy Advocate General, Haryana has appeared on behalf of respondent No.1-State and Mr. Ankur Lal, learned Advocate has appeared for respondent No.2 and contested this

Cr. Revision No.2986 of 2016 (O&M) [3] criminal revision petition.

I have heard learned counsel for the parties and learned Deputy Advocate General, Haryana for the respondent-State and have gone through the record.

During the pendency of the present revision petition, the parties effected a compromise and placed on record the same. Cr. Misc. No.35297 of 2016 was also filed asking for permission to compound the offences. As the parties have already effected compromise, learned counsel for the respondent No.2 also admitted that the compromise has been effected between the parties. In view of the lawful composition of commission of offences and in view of the fact that in future the parties want to live in peace instead of enmity between them, I grant permission to compound the offences.

In view of the lawful composition of the offences, this criminal revision petition is allowed and the judgments passed by the Courts below are set aside and the petitioners-accused are acquitted of the charges as framed against them accordingly. As the petitioners are stated to be on bail, their bail/surety bonds stand discharged.

January 31, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No