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2025 DAILYLAW 11366 (HP)

Nitin Chauhan v. Raj Pal

CR.R/203/2025 · 2025-05-26

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

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2025:HHC:15921 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 203 of 2025 Date of Decision: 26.05.2025. Nitin Chauhan ...Petitioner Versus Raj Pal ...Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Rajat Kumar, Advocate. For the Respondent : Mr. Rohan Tomar, Advocate. Rakesh Kainthla, Judge Learned counsel for the petitioner has produced the receipt dated 26.05.2025, issued by Member Secretary, H.P. Legal Services Authority, Kasumpti, Shimla, regarding the deposit of ₹19,800/- being the 15% of the cheque amount of ₹1,32,000/-. 2. Learned counsel for the respondent submits that he has received the amount and he has instructions not to proceed with the complaint in view of the compromise effected between the parties. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 2025:HHC:15921 3. In view of these facts, the present revision is allowed and the judgment passed by learned Additional Sessions Judge, Rohru, Camp at Theog, District Shimla, H.P. in Criminal Appeal No. 11/2024, titled Nitin Chauhan Vs. Raj Pal affirming the judgment passed by learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P on 04.03.2023, in Criminal Case No. 182 of 2020, titled Raj Pal Vs. Nitin Chauhan are ordered to be set aside. 4. The petitioner is stated to be in judicial custody and he is presently lodged in Modal Central Jail at Kanda, District Shimla, H.P. He is ordered to be released forthwith, if not required in any other case. Release warrants be prepared accordingly and the same be sent to the Superintendent, Modal Central Jail at Kanda, District Shimla, H.P through FASTER forthwith for necessary compliance. 5. Learned counsel for the parties submit, under instructions, that no amount has been deposited before the learned Trial Court and the learned Appellate Court and further submit that whole amount has been paid by the 3 2025:HHC:15921 petitioner/accused to the respondent, therefore, no order is required to be passed regarding release of the amount. 6. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any (Rakesh Kainthla) Judge 26th May, 2025 (Chander) Digitally signed by KARAN SINGH GULERIA Date: 2025.05.26 17:55:16 IST