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Tarun alias Bittu v. Anil Kapur - CRR-1632-2005 [2006] RD-P&H 1951 (24 March 2006)

Criminal Revision No. 1632 of 2005


Date of decision : 3-3-2006

Tarun alias Bittu Vs. Anil Kapur

CORAM: Hon'ble Mr. Justice Virender Singh
Present: A.K. Kanwar, Advocate, for the petitioner.

Virender Singh, J.

Record reveals that at the time of issuance of notice of motion, the petitioner has relied upon a compromise ( Anenxure P1) arrived at between him and the complainant. The learned Chief Judicial Magistrate, Jalandhar was directed to summon the parties and record their statements with regard to the compromise. The substantive sentence of the petitioner was suspended by the aforesaid order dated 1-9-2005.

Pursuant to the directions of this Court, the learned Chief Judicial Magistrate, Jalandhar after recording the statement of the parties, has submitted his report indicating that even a compromise (Exhibit CA) has been arrived at between the parties. The statement of the complainant and the petitioner is annexed with the report. It reflects that the complainant has received the entire amount from the petitioner and has compounded the matter with him finally.

Learned counsel for the petitioner relying upon a latest judgment of the Hon'ble Apex Court in K. Gyansagar Vs. Ganesh Gupta and another, (2005) 7 Supreme court Cases 54, submits that in view of the compromise, the conviction as recorded by both the Courts below may be set aside and the petitioner be acquitted.

In view of the aforesaid facts and following the ratio of the decision in K. Gyansagar's case (supra), the conviction and sentence of the petitioner is hereby set-aside. He is acquitted of the charges. The bail bonds furnished by him stand discharged.

Consequently the instant revision petition stands allowed.

[Virender Singh]


March 3, 2006



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