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2023 DIGILAW 169 (UTT)

Mahek Singh v. State of Uttarakhand

2023-02-07

ALOK KUMAR VERMA

body2023
JUDGMENT : Alok Kumar Verma, J. The present revisionists – accused persons, namely, Mahek Singh, Harendra and Vedram were convicted and sentenced to undergo rigorous imprisonment for a period of four years along with a fine of Rs.20,000/- each for the offence punishable under Section 435 IPC, and, they were further convicted and sentenced to undergo simple imprisonment for a period of three months for the offence punishable under Section 506 IPC. Both the sentences were directed to run concurrently. 2. Against the said judgment dated 21.11.2022, passed by the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar in Criminal Case No.946 of 2013,” State of Uttarakhand vs. Mahek Singh and two Others”, the revisionists had filed a Criminal Appeal (No.02 of 2022, “Mahek Singh and two Others vs. State of Uttarakhand”). The said Appeal has been dismissed by the learned Additional Sessions Judge, Laksar, District Haridwar on 18.01.2023. 3. The present revision has been filed to set aside the impugned judgment and order dated 21.11.2022 and 18.01.2023. 4. Heard Mr. Rajendra Singh Azad, learned counsel for the revisionists, Mr. Narendra Singh Bisht, learned counsel for the respondent no.2 – informant through Video Conferencing and Mr. Lalit Miglani, learned AGA for the State. 5. Mr. Rajendra Singh Azad, Advocate, and Mr. Narendra Singh Bisht, Advocate, submitted that both the parties are relatives. They have settled their disputes. They are living in peace and harmony. Therefore, they have filed a joint Compounding Application (IA No.01 of 2023) along with their affidavits with their free will and without any pressure. 6. The revisionists and the respondent no.2 are present through Video Conferencing. They submitted that they have filed a joint compounding application along with their affidavits with their free will and without any pressure. 7. The revisionists and the respondent no.2 are relatives. They have resolved their disputes and after resolving their disputes, they are living in peace and harmony. Therefore, with the consent of the learned counsel for the parties, the present Criminal Revision is converted into an application under Section 482 of the Code of Criminal Procedure, 1973. 8. In the facts and circumstances of this case, it is a fit case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 9. 8. In the facts and circumstances of this case, it is a fit case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 9. Keeping in view of the totality of the fact and circumstances of the case, this Court is of the view that ends of justice would be met, if the judgment and order dated 18.01.2023 passed by learned Additional Sessions Judge, Laksar, District Haridwar in Criminal Appeal No.02 of 2022, “Mahek Singh and Others vs. State of Uttarakhand”, as well as judgment and order dated 21.11.2022, passed by the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar in Criminal Case No.946 of 2013,” State of Uttarakhand vs. Mahek Singh and two Others”, are set aside. 10. Resultantly, the judgment and order dated 18.01.2023 passed by learned Additional Sessions Judge, Laksar, District Haridwar in Criminal Appeal No.02 of 2022, “Mahek Singh and Others vs. State of Uttarakhand”, as well as judgment and order dated 21.11.2022, passed by the learned Additional Chief Judicial Magistrate, Laksar, District Haridwar in Criminal Case No.946 of 2013,” State of Uttarakhand vs. Mahek Singh and two Others”, are hereby set aside. 11. In view of the above, the Criminal Misc. Application (earlier Criminal Revision No.50 of 2023), under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.