Rupinder Singh @ Monga v. State Of Punjab

-1In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 22.11.2018 Rupinder Singh @ Manga ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. P.K.S.Phoolka, Advocate for the petitioner.

Mr. Amandeep S. Gill, Sr. DAG, Punjab.

Mr. S.S.Kainth, Advocate for Mr. Davinder Kumar, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) CRM-18946-2017 Application is allowed and Annexures A-1 to A-3 are taken on record.

CRR-1444-2017 (O&M) The trial of the petitioner in case FIR No. 43 dated 13.3.2013, registered under Sections 354, 341, 506, 34 IPC, Police Station Canal Colony, Bathinda has culminated into his conviction under Sections 341, 354, 506 IPC and he has been substantively sentenced to undergo rigorous imprisonment for a period of one year along with fine of Rs. 500/- vide judgment/order dated 20.8.2016. In default of payment of fine he was to further undergo rigorous imprisonment for a period of one month. All the sentences were ordered to run concurrently.

-2The appeal preferred by the petitioner was dismissed by the the Additional Sessions Judge, Bathinda vide order dated 7.4.2017. Aggrieved with the same the petitioner has preferred the instant revision petition. During the pendency thereof, it is claimed that the parties have entered into compromise with the intervention of respectable persons. Affidavit of complainant reiterating the factum of compromise, was placed on record.

Report has been called from the Chief Judicial Magistrate, Bathinda, after statements of the parties was recorded regarding the compromise. Chief Judicial Magistrate, Bathinda has reported that the compromise is genuine and voluntary. He has has also sent copy of the statements of parties.

Learned counsel for the petitioner has urged that now good sense has prevailed and parties have decided to settle the dispute by entering into a compromise. Affidavit of the complainant had been filed, wherein the factum of the parties having entered into compromise is reiterated. All the parties have appeared before the CJM, Bathinda and have affirmed the compromise. It is prayed that in view of the compromise, the petitioner may be acquitted.

Learned counsel appearing for the complainant states that the complainant has no objection if the petitioner is acquitted. In the instant case, better sense has prevailed to the parties and they have put an end to their grievance and have settled the dispute with their free will without any pressure or coercion. Since the parties have amicably settled their dispute, there is no legal impediment in granting permission to them to compound the offence.

-3In view of the statements and report of the CJM, Bathinda and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, approved by Hon'ble Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the instant revision petition is allowed. Consequently, the judgment of conviction and sentence passed by the Court below is set aside and the petitioner is acquitted of the charges. (ANITA CHAUDHRY) JUDGE November 22, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No