Jasbir Singh v. State Of Punjab

CRR-891-2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-891-2017 (O&M) Date of Decision:- 09.01.2019 Jasbir Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Dheeraj Mahajan, Advocate for the petitioner.

Ms. Ruchika Sabherwal, AAG, Punjab.

Mr. Vipin Mahajan, Advocate for the complainant.

***** GURVINDER SINGH GILL , J . (Oral) The petitioner assails judgment dated 08.02.2017 passed by the Court of learned Additional Sessions Judge, Gurdaspur whereby conviction of the petitioner for offence under Section 420 IPC as recorded by learned Judicial Magistrate, Batala, vide judgment dated 04.10.2016 has been upheld.

I have heard the learned counsel for the petitioner and also the State counsel and the counsel for the complainant I do not find any infirmity in the findings as regards the conviction of the petitioner as recorded by the Courts below and the same are hereby affirmed. During the course of pendency of this petition, the parties were referred to Mediation, where they had entered into a compromise/settlement. As per compromise/settlement dated 30.08.2017, the entire matter was ANJU 2019.01.10 16:18 I attest to the accuracy and integrity of this document phhc

CRR-891-2017 (O&M) -2settled for an amount of Rs.1,40,000/- which was to be paid by the petitioner to the complainant.

Today, learned counsel for the complainant has informed this Court that the entire amount already stands paid in accordance with settlement/compromise dated 30.08.2017.

As per custody certificate filed today in Court, the petitioner has already undergone a period of 5 months and 22 days, out of the total sentence of 1 year as imposed by the trial Court. Bearing in mind the period of imprisonment already undergone and also the fact that the parties have already compromised and the entire amount has been paid by the petitioner to the complainant, the sentence of imprisonment as imposed by the trial Court and as affirmed by the lower Appellate Court is hereby reduced from 1 year to the one already undergone. The fine shall, however, remain the same.

The petition is dismissed except for the modification in sentence as indicated above.

09.01.2019 (GURVINDER SINGH GILL) anju JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No ANJU 2019.01.10 16:18 I attest to the accuracy and integrity of this document phhc