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2024 DIGILAW 328 (UTT)

Desh Deepak Bhandari v. State of Uttarakhand

2024-05-11

ALOK KUMAR VERMA

body2024
JUDGMENT : ALOK KUMAR VERMA, J. 1. After hearing the learned counsel for the parties at some length, the present Criminal Revision is converted into an Application under Section 482 of the Code of Criminal Procedure, 1973. 2. The applicant-accused Desh Deepak Bhandari was convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.500/- under Section 279 of the Indian Penal Code, 1860 (in short “IPC”); he was convicted and sentence to undergo simple imprisonment for a period of six months along with a fine of Rs.500/- under Section 337 IPC; he was convicted and sentenced to undergo simple imprisonment for a period of two years along with a fine of Rs.2,000/- for the offence under Section 304 A IPC; and, he was further convicted and sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.500/- under Section 427 IPC. All the sentences were directed to run concurrently. 3. An Appeal (Criminal Appeal No. 211 of 2014) was filed against the judgment and order dated 11.12.2014, passed by learned Chief Judicial Magistrate, Nainital in Criminal Case No. 459 of 2013. The Criminal Appeal has been dismissed vide judgment and order dated 29.04.2019, passed by learned Ist Additional Sessions Judge, Nainital. 4. Today, before the National Lok Adalat, Ramvir Singh, husband of the deceased is present in-person. He is identified by Mr. Ravindra Singh Bisht, Advocate. The applicant-Desh Deepak Bhandari is present in-person with Mr. B.M. Pingal, Advocate. 5. Mr. Virendra Singh Rawat, learned A.G.A. assisted by Mrs. Meenakshi Sharma, Brief Holder for the State. 6. The informant of the incident, Mr. Kundan Singh Bafila is present in-person. He is identified by Mr. Rohit Kumar Gaur, Advocate. 7. Mr. Ramvir Singh Submitted that he has received the entire awarded amount, which was awarded in the Motor Accident Claim Petition No. 5 of 2012. He had filed an Appeal (No. 190 of 2015) to enhance the amount. The said Appeal (AO No. 190 of 2015), has already been withdrawn on his Application. 8. Both the parties have submitted that they have filed a Compromise Application with their free will and without any pressure. 9. He had filed an Appeal (No. 190 of 2015) to enhance the amount. The said Appeal (AO No. 190 of 2015), has already been withdrawn on his Application. 8. Both the parties have submitted that they have filed a Compromise Application with their free will and without any pressure. 9. Keeping in view the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the judgment and order dated 11.12.2014, passed by learned Chief Judicial Magistrate, Nainital and the judgment and order dated 29.04.2019, passed by learned Ist Additional Sessions Judge, Nainital are set aside. 10. Resultantly, the judgment and order dated 11.12.2014, passed by the learned Chief Judicial Magistrate, Nainital and the judgment and order dated 29.04.2019, passed by learned Ist Additional Sessions Judge, Nainital are set aside 11. The Criminal Misc. Application (No. 863 of 2024), under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly. 12. Accordingly, the applicant-Desh Deepak Bhandari is acquitted of the charges levelled against him. 13. The Compromise Application will form part of this order.