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TMI Blog2022 (1) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... vit of respondent No.1 has also been annexed. A perusal of the said affidavit would show that the complainant had submitted that the matter has been compromised and she has no objection in case, the petitioner is granted bail and the matter is closed. Both the counsels have jointly submitted that the said compromise is genuine and bona fide. Keeping in view the facts and circumstances, judgment of conviction dated 02.06.2017 and order on quantum of sentence dated 03.06.2017 passed by the Judicial Magistrate Ist Class, Assandh, as well as the judgment dated 03.03.2020 passed by the Additional Sessions Judge, Karnal are set aside and the present criminal revision petition is allowed in terms of the compromise and the same would be subj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 30.09.2015 for an amount of ₹ 75,000/-. After considering the evidence and the documents on record, the Judicial Magistrate Ist Class, had convicted the petitioner under Section 138 of the Act of 1881 and had sentenced him to undergo imprisonment as has been stated hereinabove. An appeal preferred by the petitioner against the same was also dismissed for want of prosecution vide judgment dated 03.03.2020 passed by the Additional Sessions Judge, Karnal. It is the said judgment which is under challenge in the present Criminal Revision. Alongwith the present Criminal Revision, an application bearing CRM-44364-2021 has been filed under Section 320 read with Section 482 of Cr.P.C. for compounding of the offence. In the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the parties and has perused the paper book. The petitioner was convicted vide judgment dated 02.06.2017 under Section 138 of the Act of 1881 and was sentenced to under rigorous imprisonment for a period of one year and had also been directed to pay compensation to the tune of ₹ 75,000/-. An appeal against the same was dismissed for want of prosecution by the Additional Sessions Judge, Karnal. In the present Criminal Revision, an application has been moved for compounding of offence under Section 320 read with Section 482 of Cr.P.C. and affidavit of respondent No.1 has also been annexed. The contents of the said affidavit are reproduced hereinbelow:- I, Sudesh Kumari wife of Sh. Karam Chand son of Rup Chand, age 50 years, res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2017 passed in CRR no.390 of 2017 titled as Kuldeep Singh vs. Vijay Kumar and another has held as under:- Reliance can be placed on Kaushalya Devi Massand vs. Roopkishore Khore, 2011 (2) RCR (Criminal) 298 and Damodar S. Prabhu vs. Sayed Babalal, AIR 2010 (SC) 1097. The revisional jurisdiction of the High Court in terms of Section 401 Cr.P.C. would result in bringing about ends of justice between the parties in the event of finding that the compromise is genuine, bonafide and free from any undue influence. The compromise in question would serve as a everlasting tool in favour of the parties for which indulgence can be given by this Court. The revisional exercise would also be in consonance with the spirit of Section 147 of Neg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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