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High Court of Himachal Pradesh · body

2025 DAILYLAW 37892 (HP)

VIKAS NEGI v. HARI BHAGAT

CR.R/220/2014 · 2025-12-10

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

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( 2025:HHC:42902 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 220 of 2014 Date of Decision: 10.12.2025 Vikas Negi ....Petitioner Versus Hari Bhagat ....Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting. No. For the petitioner : Mr. Jai Dev Thakur & Mr. Rakesh Chander Negi, Advocates. For the respondent : Mr. C. D. Negi, Advocate. Rakesh Kainthla,Judge(Oral) In compliance of the order dated 10.12.2025, learned counsel for the petitioner has deposited 7.5% of the cheque amount before the H.P. State Legal Services Authority, Shimla. Receipt of deposit of amount of ₹23,250/- , dated 10.12.2025, stands filed and the same is taken on record. 2. Learned counsel for the respondent submits that he has received all amount and he has instructions not to proceed with the complaint in view of the compromise effected between the parties. 3. In view of these facts, the present revision is allowed and the judgment passed by learned Sessions Judge, Kinnaur Sessions ( 2025:HHC:42902 ) Division at Rampur Bushahr, District Shimla (H.P.), in Criminal Appeal No. 0100035 of 2011, dated 29.05.2014, titled Vikas Negi Vs. Hari Bhagat afÏrming the judgment of conviction and order of sentence passed by learned Chief Judicial Magistrate, Kinnaur, District at Reckong Peo, H.P. on 07.12.2010, in Case No. 1-3 of 2010 are ordered to be set aside. The complaint filed by the complainant is ordered to be dismissed as not pressed. 4. It has been stated that ₹30,000/- has been deposited in the Registry of this Court and this amount is to be disbursed to the Complainant as per the terms of the compromise. Therefore, the amount is ordered to be released in favour of the Complainant under proper receipt and identification by remitting it to the Complainant's bank account, upon furnishing the necessary details (if not furnished earlier). It has also been submitted that no money was deposited before the learned Trial Court or the learned Appellate Court; hence, no further order is required to be passed regarding the disbursement of any additional amount. 5. The petitioner is stated to be in judicial custody and he is presently lodged in District Kaithu Jail, 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, District Kaithu Jail, Shimla, H.P. forthwith for necessary compliance. ( 2025:HHC:42902 ) 6. In view of the above, the present petition is disposed of, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla) Judge 10th December, 2025. (Shamsh Tabrez) SHAMSH TABREZ Digitally signed by SHAMSH TABREZ Date: 2025.12.10 18:16:09 +0545