CRR No.2968 of 2012 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2968 of 2012 Date of Decision:- 7.11.2012 [ENTITY] Petitioner Versus [ENTITY] Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.[ENTITY], Advocate for the petitioner. Ms.[ENTITY], Advocate for the respondent. [ENTITY], J. (Oral)
Tersely, the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, are that, having completed all the codal formalities, the complaint filed by complainant [ENTITY] respondent No.2 (for brevity "the complainant"), the trial Court convicted and sentenced the petitioner-convict to undergo rigorous imprisonment for a period of one year, to pay a fine of ` 5000/- and in default thereof, to further undergo RI for a period of two months for the commission of an offence punishable under [SECTION] of the [ACT] (hereinafter to be referred as "the [ACT]") as amended by the [ACT], by virtue of impugned judgment of conviction and order of sentence dated 7.9.2011.
2. Aggrieved thereby, the appeal filed by the petitioner-convict was dismissed as well, by the appellate Court, by way of impugned judgment dated 17.9.2012.
3. The petitioner-convict still did not feel satisfied and preferred the present revision petition, to challenge the impugned judgments of conviction & orders of sentence, invoking the provisions of [SECTION] [ACT].
4. During the pendency of the revision petition, good sense prevailed and with the intervention of respectables, the parties have amicably settled their dispute, by means of compromise. The petitioner- convict has paid the entire principal amount along with interest at the rate of 15% per annum and the complainant has received the same. The complainant has no objection and undertook to withdraw all the litigations filed by the petitioner-convict, vide affidavit dated 11.10.2012 (Annexure P1).
5. In this manner, the learned counsel for parties are ad idem that in view of settlement between the parties, the instant revision petition is liable to be accepted, in view of the ratio of law laid down by Hon'ble Apex Court in cases [ENTITY] v. R.Rajathi Represented by P.O.A.P.Kaliappan, 2010 (1) Recent Criminal Reports (Criminal) 185; [ENTITY] v. Ryot Seva Sahakari Bank limited 2008(1) Recent Criminal Reports (Criminal) 249 and by this Court in case [PRECEDENT], wherein it was ruled that under such circumstances, the parties should be permitted to compound the indicated offence.
6. Meaning thereby, it stands proved on record that the parties have compromised the matter and compounded the offence. [SECTION] of the [ACT] postulates that every offence punishable under this Act shall be compoundable. [ENTITY], [SECTION] [ACT] posits that the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.
7. Once, it is proved that the parties have compounded the offence, compromised the matter and the complainant has received the agreed amount, then, there is no impediment in this relevant direction, in view of the provisions of [SECTION] of the [ACT] read with [SECTION] [ACT] and the law laid down by Hon'ble Supreme Court in [ENTITY], [ENTITY]'s cases and of this Court in [PRECEDENT]'s case (supra). It means, the aforesaid judgments are the complete answer to the problem in hand. To me, it would be expedient and interest of justice would be met and sub-served, if the parties are allowed to compound the offence to enable them to live in peace in the obtaining circumstances of the case.
8. In the light of aforesaid reasons, the present revision petition is hereby accepted and the impugned judgments of conviction and orders of sentence are set aside. Consequently, the petitioner-convict is acquitted of the charge framed against her, in view of compounding of offence as contemplated under [SECTION] of [ACT] and [SECTION] [ACT].
7.11.2012 ([ENTITY]) AS Judge