Sumit Biswas vs State of Uttarakhand

Heard learned counsel for the parties.

This criminal revision is lodged against the impugned judgment and order 11.02.2016 passed by Additional Judicial Magistrate, Khatima and the judgment and order dated 06.02.2017 passed by Additional Sessions Judge, Khatima, District Udham Singh Nagar, convicting and sentencing the revisionist u/s 411 of IPC .

A compounding application, being CRMA no. 561 of 2014, is filed by the parties to indicate that they have settled their dispute amicably. Complainant Suttam Tekedar has also filed his separate affidavit stating that the matter has been settled amicably between the parties and now he does not want to prosecute the revisionist. He also submits that the motorcycle has been given back to him by the revisionist.

Complainant Suttam Tekedar and revisionist Sumit Biswas are present in person before the Court, duly identified by their respective counsel Mr. D.N. Sharma and Mr. V.D. Bisen. Complainant and revisionist prayed to compound the offences as well as to set aside the judgment and orders dated 11.02.2016 and 06.02.2017.

In view of the principle of law laid down by Hon''ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 ( Dimpey Gujral vs. Union Territory of Chandigarh ) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.

Having considered submissions of learned counsel for the parties and after going through the entire material available on record, I am satisfied that the matter has been amicably settled between the parties and no useful purpose would be served by continuing the prosecution, as such the revision deserves to be allowed.

Accordingly, the criminal revision is allowed. Impugned judgment and order dated 06.02.2017 passed by Additional Sessions Judge, Khatima, District Udham Singh Nagar as well as the judgment and order dated 11.02.2016 passed by Additional Judicial Magistrate, Khatima is hereby set aside, on the basis of compromise arrived at between the parties. [Compounding application stands disposed of].