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2019 DIGILAW 312 (SC)

Dharamvir v. State Of Haryana

2019-01-25

R.BANUMATHI, R.SUBHASH REDDY

body2019
ORDER Banumathi, J. - Leave granted. 2. The appellant has been convicted under Sections 323 and 354 I.P.C. and was sentenced to undergo imprisonment for three months and six months respectively. 3. Against conviction, the appellant preferred an appeal which was dismissed by the Appellate Court. The High Court also affirmed the conviction of the appellant and dismissed the revision. Being aggrieved the appellant is before us. 4. When the matter came up for hearing before this Court on 11th January, 2019, it was submitted at the Bar that the parties have compounded the matter and to that effect the de facto complainant-Pushpa Devi has filed an affidavit (Annexure A-1) stating therein that she has with her own volition compromised the matter with the appellant-accused. On 11th January, 2019, de facto complainant viz. Pushpa Devi was also present in-person before this Court and affirmed the affidavit sworn by her. 5. On 14th January, 2019, this Court while granting bail to the the appellant directed Dr. Monika Gusain, learned counsel appearing for the respondent-State, to verify the genuineness of the said affidavit filed by the victim. 6. Learned counsel for the State, Dr. Monika Guasain, has today filed report of Deputy Superintendent of Police, Palwal, stating that they have verified the genuineness of the de facto complainant and the contents of the affidavit of the deponent. It is stated that the de facto complainant-Pushpa Devi has voluntarily given her consent for compounding the offence with the appellant-accused. In this regard, the respondent-State has also filed the statement of the de facto-complainant along with its report. 7. Copy of the Report dated 24th January, 2019 of Deputy Superintendent of Police, Palwal, along with statement of the de facto complainant-Pushpa Devi, produced before the Court by Dr. Monika Gusain is taken on record. 8. In view of the compromise between the appellant and the de facto-complainant for compounding the offence, genuineness of which has been verified by the Deputy Superintendent of Police, Palwal, the parties are permitted to enter into compromise and settle the dispute. The conviction of the appellant under Sections 323 and 354 I.P.C. is set aside and the appellant is acquitted in terms of Section 320(8) Cr.P.C. The appellant is on bail. His bail bonds shall stand discharged. 9. The appeal is accordingly allowed.