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2025 DAILYLAW 4370 (UTT)

KRISHNA JOSHI v. STATE OF UTTARAKHAND

CRLR/172/2023 · 2025-04-08

Vivek Bharti Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2648 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 172 of 2023 08 April, 2025 Krishna Joshi --Revisionist Versus State Of Uttarakhand --Respondent ---------------------------------------------------------------------- Presence:- Mr. Prabhakar Joshi, Advocate for the revisionist. Mr. Akshay Latwal, learned Assistant Government Advocate for the State. Mr. Abhishek Sati, learned counsel for the victim. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. This criminal revision is preferred for setting aside the impugned judgment and order dated 15.02.2023 passed by learned Sessions Judge, Bageshwar in Criminal Appeal No.08/2022 “Krishna Joshi Vs. State of Uttarakhand” and judgment and order dated 17.05.2022 passed by learned Judicial Magistrate, Garur, District Bageshwar in Criminal Case No.11/2021 “State of Uttarakhand Vs. Krishna Joshi” wherein the revisionist has been convicted under Section 354 of I.P.C. and awarded sentence for one year simple imprisonment along with fine of ₹5,000/- in default of payment of fine, the revisionist was directed to further undergo three months 1 2025:UHC:2648 additional simple imprisonment and the learned Appellate Court affirmed the judgment and order passed by the learned Trial Court. 2. In view of the fact that a Compounding Application was filed by the parties before this Court, this Court vide order dated 24.03.2025 had directed the parties to appear before the Secretary, DLSA, Bageshwar in order to get their statements recorded and to verify the compromise deed. 3. Pursuant to such order, the Secretary, DLSA, Bageshwar has submitted his report dated 01.04.2025 which clearly indicates that the parties have settled the dispute amicably and have also verified the contents of the compromise. 4. In view of the above, Compounding Application (IA No.2 of 2025) is allowed. As a consequence thereof, the impugned judgment and order dated 15.02.2023 passed by learned Sessions Judge, Bageshwar in Criminal Appeal No.08/2022 “Krishna Joshi Vs. State of Uttarakhand” (case crime no.50/2011), under Sections 342, 354, 354Ä, 504 of I.P.C., P.S. Baijnath, District Bageshwar and judgment and order dated 17.05.2022 passed by 2 2025:UHC:2648 learned Judicial Magistrate, Garur, District Bageshwar in Criminal Case No.11/2021 “State of Uttarakhand Vs. Krishna Joshi” wherein the revisionist has been convicted under Section 354 of I.P.C. are hereby set aside and entire proceedings arising out of the above case crime is quashed qua the revisionist. 5. Present criminal revision is, thus, disposed of in terms of the compromise arrived at between the parties. (Vivek Bharti Sharma, J.) 08.04.2025 SS 3