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)