Uttarakhand High Court
Desh Deepak Bhandari vs State Of Uttarakhand on 11 May, 2024
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
(Before the National Lok Adalat)
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
11TH MAY, 2024
CRIMINAL MISC. APPLICATION NO.863 OF 2024
(OLD NO. CRLR NO.221 OF 2019)
Desh Deepak Bhandari .....Applicant
Versus
State of Uttarakhand .....Respondent
Counsel for the Applicant : Mr. B.M. Pingal, Advocate.
Counsel for the State : Mr. V.S. Rawat, AGA with
Mrs. Meenakshi Sharma,
Brief Holder.
Counsel for the Informant : Mr. Rohit Kumar Gaur,
Advocate.
Counsel for the Victim : Mr. Ravindra Singh Bisht,
Advocate.
Hon'ble Alok Kumar Verma, J.
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. 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.
__________________
ALOK KUMAR VERMA, J.
Dated : 11th May, 2024
JKJ/Shiv
