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2025 DAILYLAW 90571 (PNJ)

VARINDER SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRR/1962/2025 · 2025-08-13

Rajesh Bhardwaj

body2025

Judgment text

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CRR No.1962 of 2025 (O&M) -1- 111 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.1962 of 2025 (O&M) Date of Decision: 13.08.2025 Varinder Singh and others ..... Petitioners Versus State of Punjab and another ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Chandan Singh Rana, Advocate for the petitioner. RAJESH BHARDWAJ, J. (ORAL) 1. Present revision petition has been filed impugning the judgments and orders dated 29.11.2017 passed by Ld. Judicial Magistrate Ist Class, Ludhiana and dated 06.08.2025 passed by the learned Additional Sessions Judge, Ludhiana convicting and sentencing the petitioners to under go rigorous imprisonment for a period of 01 year under Sections 148, 324 and 323 read with 149 of IPC. 2. Succinctly the facts of the case are that respondent No.2 has filed a complaint against the petitioners. It was alleged that he along with Baljit Singh were standing near their house and were talking. In the meantime, Varinder Singh (petitioner No.1), was passing from there by teasing them. Baljit Singh asked him not to do so and then the petitioner raised lalkara and went to his house. Varinder Singh, after some time came there along with Jarnail Singh (since deceased), Bant Singh, Shivdaya Singh @ Tittu (petitioner No.3) and Karnail Singh (petitioner POOJA SHARMA 2025.08.20 10:00 I attest to the accuracy and integrity of this document CRR No.1962 of 2025 (O&M) -2- No.2) along with weapons holding in their hands. They caused injuries to the complainant and Baljit Singh, on which they raised raulla and people started gathering there. On seeing the gathering, all the assailants fled away from the spot along with their respective weapons. Complainant and Baljit Singh were shifted to Civil Hospital, Ludhiana. Hence, request was made to take legal action against the culprits and the present case was registered. On registration of FIR, investigation commenced and on conclusion of investigation, challan was presented and thereafter charges were framed. Thereafter, trial commenced and on conclusion of trial, learned Judicial Magistrate Ist Class, Ludhiana convicted and sentenced the petitioners under Sections 148, 324 and 323 read with 149 of IPC to undergo rigorous imprisonment for a period of 01 year. Being aggrieved, the petitioners preferred an appeal before the learned Appellate Court, however the same was dismissed vide order dated 06.08.2025. Hence being aggrieved, the petitioners are before this Court by way of filing the present revision petition. 3. Learned counsel for the petitioners, at the outset, has submitted before this Court that during the pendency of present revision petition, both the parties have settled their dispute amicably by way of compromise deed dated 07.08.2025. He has further submitted that he does not wish to press the conviction of the petitioners, at this stage and thus, the present petition be disposed of by reducing the sentence of the petitioners to that of already undergone by them. 4. Notice of motion. POOJA SHARMA 2025.08.20 10:00 I attest to the accuracy and integrity of this document CRR No.1962 of 2025 (O&M) -3- 5. On the asking of the Court, Mr. J.S. Arora, D.A.G., Punjab., accepts notice on behalf of the respondent-State. 6. Ms. Kamalpreet Kaur, Advocate has put in appearance and filed power of attorney on behalf of respondent No.2, which is taken on record. She has affirmed the factum of compromise between the parties and has pleaded no objection if the sentence of the petitioners is reduced to that of already undergone by them. 7. The Court has heard learned counsel for the parties and perused the record with their able assistance. 8. Admittedly, both the parties have settled the dispute amicably by way of compromise deed dated 07.08.2025 (Annexure P-1). The trial Court had convicted and sentenced the petitioners for the offence under Sections 148, 324 and 323 read with 149 of IPC and the same was upheld by the learned Appellate Court as well by dismissing the appeal filed by the petitioners. 9. This Court has considered the submissions made by learned counsel for the petitioners before this Court that he does not press the conviction awarded to the petitioners, however taking into consideration the mitigating circumstances, the present revision petition be disposed of by ordering the sentence already undergone by them. 10. Thus this Court finds that in view of the mitigating circumstances, where the petitioners have undergone the rigors of the trial from the last about 11 years and especially when the parties have compromised the matter, the revision petition deserves to be disposed of POOJA SHARMA 2025.08.20 10:00 I attest to the accuracy and integrity of this document CRR No.1962 of 2025 (O&M) -4- by reducing the sentence to that of already undergone by the petitioners. The custody certificates produced by the learned State Counsel today on the record would show that the petitioners have undergone an actual sentence of 06 days as on 12.08.2025. 11. Thus considering the mitigating circumstances, the present revision petition is disposed of by reducing the sentence to that of already undergone by the petitioners, however, the conviction awarded to the petitioners shall remain intact. (RAJESH BHARDWAJ) 13.08.2025 JUDGE ps-I Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SHARMA 2025.08.20 10:00 I attest to the accuracy and integrity of this document