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High Court of Punjab and Haryana · body

2025 DAILYLAW 45146 (PNJ)

SHIV KUMAR v. RAGHBIR AND ORS.

CRR/2348/2010 · 2025-09-04

Vinod S Bhardwaj

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRR-2348-2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 237 CRR-2348-2010 (O&M) Date of decision: 04.09.2025. SHIV KUMAR ...Petitioner(s) VERSUS RAGHBIR AND OTHERS ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Ribhav Singla, Advocate, for the petitioner. Ms. Diksha Mahajan, Advocate, (Legal-aid-counsel) for respondents No.1 to 7. Mr. Vivek Chauhan, Addl. A.G. Haryana for respondent No.8. VINOD S. BHARDWAJ, J. (Oral) The present revision petition has been filed for seeking enhancement of sentence awarded to respondents no.1 to 7 as well as aggrieved of the acquittal of the respondents for the offence under Sections 316 and 326 of the Indian Penal Code, 1860. There is no representation on behalf of respondents No.1 to 7. Ms. Diksha Mahajan, Advocate, (PH-6233-2024, Mobile No.8558872121) who is present in the Court is nominated as legal aid counsel on behalf of respondents No.1 to 7 to assist this Court. Learned counsel appearing on behalf of the petitioner contends RAJ KUMAR ARORA 2025.09.08 18:22 I attest to the accuracy and integrity of this document CRR-2348-2010 (O&M) -2- that the present petition has been rendered infructuous since apart from the present criminal revision petition filed by the petitioner herein against the acquittal of the respondents No.1 to 7 for commission of offence under Sections 316 and 326 of the Indian Penal Code, 1860, the accused also preferred criminal appeal bearing No.CRA-S-127-SB-2010 titled as ‘Raghbir and others Vs. State of Haryana and others, against the judgment of conviction in the remaining offences which was disposed of vide order dated 24.04.2017 passed by the learned Single Judge of this Court in view of the compromise that had been entered into between the private respondents herein (appellants in CRA-S-127-SB-2010) as well as the petitioner. The operative part of the said order reads thus: - “Heard learned Counsel for the rival parties. The petitioners seek quashing of FIR No.102 dated 13.6.2007, under Sections 148, 149, 452, 324, 316, 323, 326, 506 IPC, PS Pataudi, on the basis of compounding/compromise. Pursuant to the order dated 19.12.2016 passed in CRM-34858-2016, report of the learned SDJM, Pataudi has been received who has recorded the statements of the parties and reported that the compromise has been effected voluntarily, without any pressure or coercion. In that view of the matter, the petition is allowed and the impugned FIR, along with all consequential proceedings and the judgment of conviction dated 22.12.2009 and the order of sentence dated 24.12.2009 are quashed by way of compounding/ compromise and the appellants are acquitted of the charge framed against them.” Learned counsel for the petitioner thus contends that the matter having been amicably resolved amongst the parties, the present revision petition has been rendered infructuous. Learned legal aid counsel appointed on behalf of respondents RAJ KUMAR ARORA 2025.09.08 18:22 I attest to the accuracy and integrity of this document CRR-2348-2010 (O&M) -3- No.1 to 7 has gone through the documents as well as the order extracted above and contends that no further cause of action would survive in view of the compromise arrived at amongst the parties. Present revision petition is accordingly disposed of as having been rendered infructuous. A copy of this order be also sent to the High Court Legal Services Committee, for further necessary action. September 04, 2025. (VINOD S. BHARDWAJ) raj arora JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RAJ KUMAR ARORA 2025.09.08 18:22 I attest to the accuracy and integrity of this document