Arvind Singh Sangwan, J. - (1.) Prayer in this revision petition is for setting aside the judgment of conviction dated 04.01.2017 passed by the trial Court, vide which the petitioner was held guilty for the offence punishable under Sections 279, 337, 304-A of the Indian Penal Code (for short 'IPC') and the order of sentence of even date, vide which he was ordered to undergo the following imprisonment: - "1. The convict is sentenced to undergo rigorous imprisonment for a period of three months under Section 279 of IPC. 2. The convict is further sentenced to undergo rigorous imprisonment for a period of three months under Section 337 of IPC. 3. The convict is further sentenced to undergo rigorous imprisonment for a period of two years under Section 304-A of IPC."
(2.) It is further prayed for setting aside the judgment dated 14.02.1019 passed by the lower appellate, vide which the appeal filed by the petitioner was dismissed.
(3.) It is relevant to notice here that after filing of this petition, an application was filed by the petitioner that the matter has been amicably settled between the parties and considering the fact that the petitioner has undergone about 03 months of judicial custody, his sentence was suspended on 20.05.2019. It is also worth noticing that the case was referred to the Mediation and Conciliation Centre of this Court, where the petitioner and the complainant have appeared and a settlement/compromise was arrived at between them before the Mediator, which reads as under: - "The following settlement has been arrived at between the parties hereto: (i) That according to the compromise, first party is not interested to take any money from the second party in lieu of compensation and accepted the accident as an act of destiny. (ii) That according to the compromise, first party has no objection if the impugned judgment and order dated 04.01.2017 passed by Ld. Chief Judicial Magistrate, Sirsa and impugned judgment dated 14.02.2019 passed by Ld. Addl. Sessions Judge, Sirsa is set aside and FIR No.203 dated 26.11.2011 under Sections 279, 337, 304-A IPC, Police Station Ding, District Sirsa has been cancelled against the second party. The first party has no grievance against the second party and the first party is not interested any further conviction of the second party. (iii) That the compromise is a result of sound mind, without any fraud and coercion and is an act of free will. The compromise has been effected keeping in view the fact that the first party accepted the death of Binder Singh @ Devender Singh as an act of destiny and also keeping in view the future of two minor child of the petitioner (Sunil Kumar) and due to the intervention of respectable and relatives of both the parties. (iv) That the first party will present themselves to give any statement before the competent court of law to make statement in favour of the second party. (v) That the above said compromise has been written with the consent of both the parties and the contents of the compromise has been read over in Hindi to both the parties and further understanding the same to be correct, both the parties put their signature/thumb impression on it.";