LawDistill
Supreme Court of India

SURAT SINGH vs STATE OF UTTARANCHAL on 10 December, 2012

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Crl.A. No.-002022-002022 - 2012Official PDFBench Handyala Lakshminarayanaswamy Dattu, Chandramauli Kumar PrasadAdvocates RAMESHWAR PRASAD GOYAL | RAJENDER PRASAD
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2022 OF 2012
(@ SPECIAL LEAVE PETITION (CRL.) NO.7070 OF 2012)
SURAT SINGH APPELLANT
VERSUS
STATE OF UTTARANCHAL (NOW UTTARAKHAND) RESPONDENTS
& ANR.
O R D E R

1.

That I am the informant in FIR No.31/98,

dated 29.10.98 U/s.354, 323, 506 IPC

P.S.Chamba, Distt. Tihri-Garhwal, lodged

against Surat Singh, S/o. Kamand Singh,

R/o. Village Rampur, Patti-Kunjani, Tehsil

Narendra Nagar, District Tehri-Garhwal,

Uttarakhand.

2.

That on the basis of aforesaid FIR dated 29.10.98 lodged by me against the

aforesaid Surat Singh, S/o.Kamand Singh, who is my neighbour was put in trial and

was convicted by Chief Judicial Magistrate Tihri Garhwal, New Tihri for the offences

U/ss.354, 506 IPC and was awarded maximum sentence of 1 year R.I., Rs.1000/- fine by

judgment and order dated 7.4.2003 passed in Criminal Case No.921/02. Appeal filed

against the same was also dismissed by the Sessions Court and the High Court by

judgment and order dated 23.3.2012 has dismissed the Revision filed by the

aforesaid Surat Singh and affirmed the order of conviction passed by the trial

Court.

That the aforesaid Surat Singh, S/o. Kamand Singh is my neighbour and his house

is just adjacent to my house and we are living in the same village. Earlier there

was old enmity of aforesaid Surat Singh with my father Shri Dhir Singh. The

incident in relation to which I lodged FIR against the aforesaid Surat Singh is of

the year 1998 and is quite old and

continuation of dispute on the basis of said old incident, will only increase

bitterness in my life. Hence myself and my family has decided to resolve all our

dispute with the aforesaid Surat Singh, S/o. Kamand Singh so that no bitterness

can be left in the environment of our village and we can set an example to live

in peace and harmony by resolving all our disputes.

4.

That I have entered into compromise with

aforesaid Surat Singh and resolved all my disputes with him in a harmonious manner

so that people of our village can live in peace and harmony and bitterness be left

between us and our families.

5. JUDGMENT That the family members of aforesaid Surat Singh informed me that he is in jail

pursuant to the order of conviction affirmed by the High Court and observing

the sentence awarded. I wish that in the present matter our dispute may be settled

in an amicable manner and we should set example for other persons of our village

to resolve the dispute in a peaceful manner. I hereby affirm that I have no

grievance left against the aforesaid Surat

Singh, S/o. Kamand Singh and want to the

controversy involved between me and

aforesaid Surat Singh, to come to an end

so that we can live in peace and harmony

as good neighbours.”

6. We have heard learned counsel for the

parties and, in particular, the learned counsel

appearing for respondent no. 2. He submits

that he has compromised the lis with the

appellant at her own will. In view of the

above, while disposing of this appeal, we

accord permission to compound the offences and

the effect of this would be the acquittal of

the accused with the offences he is charged

with. JUDGMENT

Ordered accordingly.

(H.L. DATTU)