Surender Alias Gappu v. Parveen Kumar Sharma And ANR

2024:PHHC:009858

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-2517-2023 (O&M) Date of decision: 24.01.2024 SURENDER ALIAS GAPPU

...Petitioner

V/s PARVEEN KUMAR SHARMA AND ANOTHER

...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Naresh Kumar Ganga, Advocate for the petitioner.

Mr. Ravinder Phogat, Advocate for respondent No. 1 Mr. Vikas Bhardwaj, AAG Haryana.

**** HARPREET SINGH BRAR J. (ORAL) On 11.12.2023, following order passed:

" xxxx MAIN CASE At this stage, learned counsel for the petitioner submits that the petitioner is ready to pay the entire cheque amount along with 5 per cent of the cheque amount as cost.

In view of the above, the parties are directed to appear before the Mediation Centre of this Court on 19.12.2023 and report of the mediator be awaited for 24.01.2024."

2.

Mr. Naresh Kumar, Ganga, Advocate has put in appearance on behalf of the petitioner and filed his fresh power of attorney superseding the earlier counsel, which is taken on record. In compliance of the aforesaid order passed by this Court, both the parties have appeared before the Mediator and they have amicably resolved their dispute and petitioner as well as respondent No. 1-Parveen Kumar Sharma have signed the settlement/agreement dated 19.12.2023 and the entire amount as agreed between the parties,

2024:PHHC:009858 CRR-2517-2023 (O&M) -2including the cheque amount and 5% of the cheque amount as costs/compensation, has been paid to the respondent No. 1. 3.

Learned counsel for respondent No. 1 submits that he has received the agreed amount before the Mediation and Conciliation Centre of this Court and has no objection in case, the present revision petition is allowed on the basis of compromise and petitioner is acquitted of the charges framed against him.

4.

Keeping in view the ration of law laid down by Hon'ble Supreme Court in Damodar S. Prabhu v. Sayed Babalal H. 2010 (5) SCC 663 and the report of the Mediator dated 19.12.2023, the impugned judgment of conviction and order on quantum of sentence dated 16.03.2018/22.03.2018 passed by learned Judicial Magistrate Ist Class, Sirsa and the order dated 11.10.2023 passed by learned Additional Sessions Judge, Sirsa affirming the judgment of the trial Court, are set aside.

5.

Petitioner is acquitted of the charges levelled against him and his bail bonds and surety bonds stands discharged accordingly. (HARPREET SINGH BRAR) JUDGE 24.01.2024 Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No