Punjab-Haryana High Court
State Of Haryana vs Gaurav Chopra And Others on 15 May, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:068572
CRR-1489-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRR-1489-2019
Reserved on: 07.05.2024
Pronounced on: 15.05.2024
State of Haryana ...Pe oner
Versus
Gaurav Chopra and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Rajat Gautam, Addl. A.G., Haryana (through V.C.).
Mr. Parminder Singh, Advocate
for respondents No.1,2, 3 and 5.
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ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons 444 04.11.2011 Gharaunda (Karnal) 323, 447, 506, 511, 379 IPC
1. Challenging the acqui@al of the accused-respondents by Sessions Court reversing the judgment of convic on and sentence passed by Judicial Magistrate Ist Class, Karnal, the State has come up before this Court.
2. All the respondents who were arraigned as accused in the FIR cap oned above aCer filing of the charge sheet, the police launched prosecu on by filing a police report against them under Sec on 173 CrPC before the concerned Judicial Magistrate Ist Class. In the criminal trial no.78 of 2015, the JMIC held all the respondents guilty and convicted them for the offences punishable under Sec ons 379, 447 read with 149 IPC. ACer that, they were sentenced to undergo to undergo SI for two years with fine of Rs.2000/- each under Sec on 379 r/w 149 IPC and SI for three months with fine of Rs.500/- each under Sec on 447 r/w 149 IPC.
3. Feeling aggrieved, all the convicts filed a common appeal before the Sessions Court which was listed as Criminal Appeal No.132 of 2016. Vide judgment dated 14.11.2018, Addi onal Sessions Judge, Karnal allowed their appeal and set aside their convic on and sentence and acqui@ed them of all the charges.
4. Feeling aggrieved, State had come up before this Court by filing the present revision pe on. Vic m- Anuj Bhagat also came to this Court by filing CRR 1 1 of 2 ::: Downloaded on - 16-05-2024 06:13:22 ::: Neutral Citation No:=2024:PHHC:068572 CRR-1489-2019 No.121 of 2019 challenging their acqui@al. On 30.01.2023, a Co-ordinate Bench of this Court permi@ed the complainant to withdraw the revision pe on filed by him in view of compromise dated 18.07.2022 which had been annexed in CRR No.121 of 2019 as Annexure P-1. The Co-ordinate Bench no ced that the respondents had not disputed the factum of such compromise. Thus, in the opinion of the Co-ordinate Bench, the compromise had infact taken place between the vic m and all the accused and the ma@er was se@led between them.
5. Once the compromise has been accepted by a Co-ordinate Bench of this Court based on the applica on filed by the complainant-vic m Anuj Bhagat, it would be unjust and unfair for this Court to take a contrary stand in the present revision pe on. No doubt, State has a right to file revision and agitate but this Court has to make a balance. Once the complainant compromised the ma@er, further interference by this Court is not warranted.
6. Hypothe cally even if this revision pe on is allowed, it will be contrary to the stand taken by the vic m who is now not aggrieved by their acqui@al by the Sessions Court for the commission of offence under Sec on 379 read with Sec on 447 IPC.
7. Given above, this Court does not find this case to be worth admission and is accordingly, dismissed. All pending applica ons, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
15.05.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
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