SANJAY KUMAR Vs. NEEL CHAND
HIGH COURT OF HIMACHAL PRADESH
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VIVEK SINGH THAKUR, J. -
(1.)Present revision petition has been filed assailing judgment dated 19.12.2019 passed by learned Additional Sessions Judge, Kullu, District Kullu H.P., in Cr. Appeal No. 12 of 2019, whereby judgment/order dated 30.07.2019, passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P. in case No.351 of 2016 convicting and sentencing the petitioner/accused to undergo simple imprisonment for a period of three months and to pay compensation of Rs.80,000/- to the complainant has been affirmed .
(2.)A joint application i.e., Cr.M.P No. 1723 of 2020 has been filed for compounding the case. Application is duly supported by the affidavits of both the parties and original compromise dated 15 th December, 2020 has also been placed on record, whereby it is stated that the matter has been compromised between the parties and petitioner-accused has made the full and final payment to the complainant except Rs.40,000/- deposited by the complainant in the trial Court.
(3.)Mr. Rajesh Kumar, learned counsel appearing for respondent-complainant, vide separate statement, has reiterated the amicable settlement arrived at between the parties. He submits that he has instructions to say that except the amount lying deposited in the trial Court i.e. Rs.40,000/-, the petitioner has made payment of remaining amount to the respondent-complainant and matter has been amicably settled between the parties and in terms of compromise, the amount lying deposited with the trial Court i.e. Rs.40,000/- is also to be released to the respondent-complainant and in turn, respondent-complainant has agreed to withdraw the complaint for compounding the case and, therefore, he has instructions to endorse the compromise and to pray for compounding, after permitting the respondent-complainant to withdraw the complaint. He further submits that his deposition is strictly in consonance and in compliance of the instructions imparted to him by respondent -complainant.
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