Uttarakhand High Court
CRLR/50/2023 on 7 February, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
7TH FEBRUARY, 2023
CRIMINAL REVISION NO.50 OF 2023
Between:
Mahek Singh and two Others ........Revisionists
and
State of Uttarakhand and Another ...Respondents
Counsel for the Revisionists : Mr. Rajendra Singh Azad,
Advocate, through Video
Conferencing.
Counsel for the State : Mr. Lalit Miglani, AGA.
Counsel for the Informant/ : Mr. Narendra Singh Bisht,
Respondent no.2 Advocate, through Video
Conferencing.
Hon'ble 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. 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.
___________________
ALOK KUMAR VERMA, J.
Vacation Judge
Dated: 7th February, 2023
Pant/
