Gulshan Kumar Vinayak vs State Of Haryana
2023 Latest Caselaw 22040 P&H

Punjab-Haryana High Court

Gulshan Kumar Vinayak vs State Of Haryana on 15 December, 2023

SANDEEP SETHI
2023.12.21 09:47

2023:PHHC:161221
CRA-S-1042-SB-2009 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
(101)
CRA-S-1042-SB-2009 (O&M)
Date of Decision:-15.12.2023.
Gulshan Vinayak
beeen Appellant
Versus
State of Haryana and another
beeeee Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. Amit Dhawan, Advocate for the appellant.
Mr. Anmol Malik, DAG, Haryana.
Mr. Harsimranjit Singh, Advocate for
Mr. Prabhjot Singh, Advocate for respondent No.2.
3 2 3 3k
ALOK JAIN, J. (Oral)

1. The present appeal arises out of the judgment of conviction

and order of sentence dated 31.03.2009, passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhri.

2. In compliance of the order dated 29.11.2023, learned State counsel has submitted that the appellant was granted the concession of anticipatory bail during trial and subsequent to the conviction, the appellant was granted the concession of suspension of sentence and, therefore, the appellant was not taken into custody.

3. Learned counsel for the appellant has submitted that in fact the

matter has been resolved between parties qua which statements have been

| attest to the accuracy and integrity of this Order/Judgment

SANDEEP SETHI 2023.12.21 09:47

2023:PHHC:161221 CRA-S-1042-SB-2009 (O&M)

recorded and are on record along with CRM-M-25563-2023. Pursuant thereto, the statements were recorded before the concerned Illaga Magistrate also and the report has been received on 31.07.2023 that the matter has been compromised voluntarily and without any pressure. He further submits that the appellant has not been declared as proclaimed person in any Court of law.

4. Learned counsel for respondent No.2/complainant has submitted that he has no objection and does not doubt the veracity of the entire exercise qua the compromise.

5. In light of the above, without touching the merits of the appeal at this stage, the same is allowed on the basis of compromise and the conviction order of the appellant dated 31.03.2009 is set aside and FIR No.208 dated 11.05.1992, under Sections 323, 307 and 506 of IPC, registered at Police Station City Yamuna Nagar, stands quashed subject to

costs of Rs.10,000/- to be deposited in the Punjab and Haryana Bar

Clerks Association.

6. Pending miscellaneous application(s) shall also stand disposed of.

(ALOK JAIN) JUDGE December 15, 2023.

Sandeep

Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

| attest to the accuracy and integrity of this Order/Judgment