N.N.MATHUR,J. - (1.) Both the misc. petition arise out of the same order dated 21.11.2001 passed by the Additional District and Sessions Judge, Sri Karanpur, upholding the order datd 7.4.1997 of the learned Judicial Magistrate, Padampur, taking cognizance against the petitioners for offence under sections 147 & 430 IPC.
(2.) It appears that the respondent herein Gurmel Singh filed a complaint on 13.3.1994 at SHO Police Station, Padampur, alleging that accused-Banshi Ram, Harish Kumar, Vijay Kumar, Ajay Kumar, Gudu Ram Raj put and Jagdish Nagpal damaged their watercourse in Square No. 51 in Kila Line 11-15 (South side). On this information, Police registered a case for offence under section 431/147 IPC. After investigation, Police forwarded a report in negative. The learned Magistrate, rejected the Final Report and took cognizance for offence under sections 430 and 147 IPC. The petitioners preferred revision, which was dismissed by the impugned order.
(3.) Mr. N.L. Joshi, learned counsel for the petitioners submits that the parties have compromised. He has also placed on record a compromise deed dated 17.10.2002, duly signed by Gurmel Singh, Gurdev Singh and Veena Devi W/o Vijay Kumar.;