Vaneet Pal And ORS v. State Of Punjab
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 03.06.2015 Vaneet Pal Singh and another ... Petitioners Vs.
State of Punjab and another ... Respondents
CORAM:
HON'BLE MR. JUSTICE AMIT RAWAL 1.
Whether reporters of local newspapers may be allowed to see judgment?
2.
To be referred to reporters or not?
3.
Whether the judgment should be reported in the Digest?
Present:
Mr. Rajeev K. Kapila, Advocate for the petitioners.
Mr. Yatinder Singh, Addl.A.G.Punjab.
Mr. G.P.Singh Ahluwalia, Advocate for the respondent-complainant.
AMIT RAWAL J. (Oral) CRM No.17393 of 2015 Prayer in the present application is for compounding the offence under Section 320(6) of the Cr.P.C on the premise that both the complainant and accused have compromised the matter vide Annexure R-2/1.
Notice of the application to the Advocate General, Punjab.
On asking of the Court, Mr. Yatinder Sharma, Additional Advocate General, Punjab, accepts notice on behalf of the respondents-State and Mr. G.P.Singh Ahluwalia, Advocate has put in appearance on behalf of the complainant-Jaswinder Singh, who has been identified by Mr. G.P.Singh Ahluwalia, Advocate. On the basis of the registration of FIR No.173 dated 22.08.2007 under Sections 406 and 420 IPC, at P.S.Adampur, District Jalandhar, petitioners Vaneet Pal Singh son of Harbans Singh and Baljinder Kaur wife of Vaneet Pal Singh were convicted by the trial Court for the commission of an offence under Section 420 IPC for a period of three years and fine of ` 3000/- was imposed vide judgment dated 13.08.2012.
Against the aforementioned judgment, the applicantpetitioners are stated to have filed an appeal before the Appellate Court and the same was also dismissed vide judgment dated 27.01.2015.
The aforementioned revision petition against the conviction stands admitted by this Court vide order dated 18.05.2015 by passing the following order:- "Learned counsel has placed on file the status report by way of affidavit of Shri Vivek S.Soni, Assistant Superintendent of Police, Sub Division Adampur, District Jalandhar (Rural) and the custody certificate of petitioner Vaneet Pal Singh, which are taken on record. Copy
thereof has been supplied to learned counsel for the petitioners.
Learned counsel for the petitioners states that the parties have already compromised and CRM No.31413 for placing on file the written compromise and CRM No.31414 under Section 320(6) Cr.P.C for compounding the offence, have already been filed.
In these circumstances, the present revision is admitted. Learned counsel for the parties seek time to file the application on behalf of the complainant seeking permission to compound the offence.
Adjourned to 28.05.2015."
Learned counsel for the applicant/respondent No.2 submits that the offence under Section 420 IPC, as per Section 320
(6) Cr.P.C is compoundable with the permission of this Court. Since the parties have compromised the matter and all the outstanding dues of the complainant have been paid and the complainant, who is present in the Court also endorsed the factum of entering into compromise Annexure R-2/1, who has been identified by his counsel, therefore, this Court deems it appropriate to dispose of the revision petition by granting permission of compounding the offence as per Section 320(6) Cr.P.C.
In view of the fact that the compromise has been effected and the offence is accordingly compounded.
The aforementioned criminal revision petition stands disposed of with a direction to the Superintendent, Central Jail,
Kapurthala to release the petitioners forthwith, who are stated to have been convicted on the basis of registration of FIR No.173 dated 22.08.2007 under Sections 406 and 420 IPC, P.S.Adampur, District Jalandhar.
(AMIT RAWAL) JUDGE June 03, 2015 savita