Disposed¶5

Govind Idnani v. Vikas Dariyani

Chhattisgarh HC18 Apr 2024CRR/312/2014

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; CRR No. 306 of 2014 and CRR No. 312 of 2014; criminal revision disposed of on compromise between complainant and accused; impugned appellate judgments in CRR No.259/2013 and CRA No.280/2013 (Fourth Additional Sessions Judge, Bilaspur) set aside; conviction and fine set aside; Rs.1,00,000/- final settlement payment; voluntary statements without coercion; acquittal acceded by complainant; originating from JMFC Bilaspur Complaint Case No.144 of 2012; order dated 19/04/2024 by Justice Goutam Bhaduri; marked NAFR.

What did the court decide?

Both impugned appellate orders (CRR No.259/2013 and CRA No.280/2013) set aside; conviction and fine amount imposed upon the applicant set aside following the compromise between the parties; both criminal revisions disposed of. ¶5

Govind Idnani Vs Vikas Dariyani — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶5

Issue for consideration

Whether, in view of the compromise effected between the complainant and the accused, the criminal revisions can be disposed of without entering into the merits of the case, with the impugned appellate orders, conviction and fine set aside.

¶4

Court's answer

Both the impugned orders dated 16th April 2014 passed by the 4th Addl. Judge to the Court of 1st Addl. Sessions Judge, Bilaspur, in CRR No.259/2013 and CRA No.280/2013 are set aside, and the conviction as also the fine amount imposed upon the applicant is set aside, without entering into merits of the case, in view of the compromise effected between the parties.

¶4

Ratio / Principle

The statements of the parties were made without any undue influence or coercion, and the complainant acceded to discharge/acquit the accused, validating the compromise-based disposal.

¶3

Detailed headnote1 paragraphs

Criminal Revisions Nos. 306 and 312 of 2014 (Govind Idnani, applicant v. Vikas Dariyani, respondent) - The judgments dated 16/04/2024 of the Fourth Additional Sessions Judge, Bilaspur, C.G. in Criminal Revision No.259/2013 and Criminal Appeal No.280/2013, each arising out of the judgment dated 29/08/2013 of the JMFC, Bilaspur in Complaint Case No.144 of 2012 and upholding the trial court's judgment, were set aside without entering into the merits. During pendency of the revisions a compromise was effected: Rs.1,00,000/- was paid towards final settlement, the respondent did not wish to prosecute further, the parties' statements were found to have been made without undue influence or coercion, and the complainant acceded to acquittal. Accordingly, the conviction and the fine imposed upon the applicant were set aside and both criminal revisions stood disposed of. Coram: Goutam Bhaduri, J. Order dated 19/04/2024.

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

CRR No. 306 of 2014

¶5

Govind Idnani S/o Shri Ramchandra Idnani Aged About 35 Years R/o Near Shanti Lakdi Taal, Sindhi Colony, P.S. Civil Lines, Bilaspur Tehsil And District Bilaspur, Chhattisgarh

¶6

---- Applicant

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Versus

¶8

Vikas Dariyani, S/o Shri Gurumukh Das Dariyani Aged About 27 Years R/o. Near Shanti Lakdi Taal, Kasturba Nagar, P.S. Civil Lines, Bilaspur, Tehsil And District Bilaspur, Chhattisgarh

¶9

---- Respondent

¶10

CRR No. 312 of 2014

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Govind Idnani S/o Shri Ramchandra Idnani Aged About 32 Years R/o Near Shanti Lakdi Taal, Sindhi Colony, P.S. Civil Lines, Bilaspur Tehsil And District Bilaspur, Chhattisgarh

¶12

---- Applicant

¶13

Versus

¶14

Vikas Dariyani, S/o Shri Gurumukh Das Dariyani Aged About 27 Years R/o. Near Shanti Lakdi Taal, Kasturba Nagar, P.S. Civil Lines, Bilaspur, Tehsil And District Bilaspur, Chhattisgarh

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---- Respondent

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For Applicant : Shri Ashutosh Trivedi, Advocate For Respondent : Shri Sudhir Kumar Bajpai, Advocate

¶17

Hon'ble Shri Justice Goutam Bhaduri

Order

19/04/2024

Heard.

Criminal Revision No.306 of 2014 has been filed against the judgment dated 16/04/2024 rendered by the Fourth Additional Sessions Judge Bilaspur, C.G. in Criminal Revision No.259/2013, which is arising out of judgment dated 29/08/2013 passed by JMFC, Bilaspur, District Bilaspur, C.G. in Complaint Case No.144 of 2012, whereby the appellate Court has upheld the judgment of the trial Court.

¶22

¶23

Criminal Revision No.312 of 2014 has been filed against the judgment dated 16/04/2024 rendered by the Fourth Additional Sessions Judge Bilaspur, C.G. in Criminal Appeal No.280/2013, which is arising out of judgment dated 29/08/2013 passed by JMFC, Bilaspur, District Bilaspur, C.G. in Complaint Case No.144 of 2012, whereby the appellate Court has upheld the judgment of the trial Court.

¶24

During the course of pendency of these criminal revisions the compromise has been affected and joint application has also been filed by the complainant and the accused wherein it is stated that towards the final settlement Rs.1,00,000/- has been paid, therefore, the respondent do not want to further prosecute his cause. The statement of the parties have also been recorded. The same are perused. The said statements have been made by the parties without any undue influence or coercion and the complainant has also acceded to discharge to acquit the accused.

¶25

In view of such compromise effected between the parties, without entering into merits of the case, both the impugned order dated 16^th of April, 2014 passed by the 4^th Addl. Judge to the Court of 1^st Addl. Sessions Judge, Bilaspur, in CRR No.259/2013 and CRA No.280/2013 are set aside and the conviction as also the fine amount imposed upon the applicant is set aside.

¶26

Accordingly, both the criminal revisions stand disposed of.

¶27

SD/--/Goutam Bhaduri Judge

¶28

Ashu

Govind Idnani v. Vikas Dariyani

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Govind Idnani v. Vikas Dariyani

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