Nitin Chauhan Vs Pyare Lal — Himachal Pradesh HC (2025) — LawSathi Research

Nitin Chauhan Vs Pyare Lal — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revision allowed; judgments of the Additional Sessions Judge, Rohru (Criminal Appeal No. 12/2024) and of the Additional Chief Judicial Magistrate, Theog dated 04.03.2023 (Criminal Case No. 90/3 of 2016) set aside; petitioner ordered released forthwith from Modal Central Jail, Kanda if not required in any other case; petition disposed of along with pending miscellaneous application(s), if any.

Issue for consideration

Whether the criminal revision should be allowed in view of the compromise effected between the parties and the respondent's receipt of the amount.

Court's answer

In view of the compromise between the parties and the respondent's counsel confirming receipt of the amount and instructions not to proceed with the complaint, the revision is allowed and the judgments of the Additional Sessions Judge, Rohru (Criminal Appeal No. 12/2024) and of the Additional Chief Judicial Magistrate, Theog dated 04.03.2023 (Criminal Case No. 90/3 of 2016) are ordered to be set aside.

Ratio / Principle

The petitioner, who is in judicial custody lodged in Modal Central Jail at Kanda, District Shimla, H.P., is ordered to be released forthwith if not required in any other case; release warrants are to be prepared and sent to the Superintendent of that jail.

Key takeaways

On counsel's joint submission under instructions that no amount stood deposited before the Trial Court or the Appellate Court and that the whole amount had been paid by the petitioner/accused to the respondent, no order regarding release of the amount was required.ratio¶17

Detailed headnote1 paragraphs

High Court of Himachal Pradesh, Shimla (Rakesh Kainthla, J., oral) — Cr. Revision No. 208 of 2025, decided 16.05.2025: With the respondent/complainant's counsel submitting that he had received the amount and had instructions not to proceed with the complaint in view of the compromise effected between the parties, and the petitioner producing a receipt dated 16.05.2025 for deposit of ₹33,402/- (15% of the cheque amount of ₹2,22,675/-) with the Member Secretary, H.P. Legal Services Authority, Kasumpti, Shimla, the revision was allowed and the judgment of the Additional Sessions Judge, Rohru, Camp at Theog in Criminal Appeal No. 12/2024 ('Nitin Chauhan Vs. Pyare Lal'), affirming the judgment dated 04.03.2023 of the Additional Chief Judicial Magistrate, Theog in Criminal Case No. 90/3 of 2016 ('Pyare Lal Vs. Nitin Chauhan'), were ordered to be set aside. The petitioner, in judicial custody at Modal Central Jail, Kanda, District Shimla, was ordered released forthwith if not required in any other case, with release warrants to be sent to the Superintendent. As counsel jointly submitted under instructions that no amount lay deposited before the Trial or Appellate Court and the whole amount had been paid by the petitioner/accused to the respondent, no order for release of any deposited amount was passed. The petition was disposed of, along with pending miscellaneous application(s), if any.

( 2025:HHC:14252 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No.208 of 2025

Date of Decision: 16.05.2025

Nitin Chauhan Pyare Lal

....Petitioner Versus ....Respondent

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting.

: For the petitioner Mr. Rajat Kumar, Advocate. : For the respondent Mr. Ajay Kashyap, Advocate.

Rakesh Kainthla,Judge(Oral)

Learned counsel for the petitioner has produced the

receipt dated 16.05.2025, issued by Member Secretary, H.P. Legal

Services Authority, Kasumpti, Shimla, regarding the deposit of ₹33,402/- being the 15% of the cheque amount of ₹2,22,675/-.

Learned counsel for the respondent submits that he has received the amount and he has instructions not to proceed with the complaint in view of the compromise effected between the parties.

2 ( 2025:HHC:14252 ) 3. In view of these facts, the present revision is allowed

and the judgment passed by learned Additional Sessions Judge, Rohru, Camp at Theog, District Shimla, H.P. in Criminal Appeal No. 12/2024, titled Nitin Chauhan Vs. Pyare Lal affirming the judgment passed by learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P on 04.03.2023, in Criminal Case No. 90/3 of 2016, titled Pyare Lal Vs. Nitin Chauhan are ordered to be set aside.

The petitioner is stated to be in judicial custody and he is presently lodged in Modal Central Jail at Kanda, District 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, Modal Central Jail at Kanda, District Shimla, H.P forthwith for necessary compliance.

Learned counsel for the parties submit, under instructions, that no amount has been deposited before the learned Trial Court and the learned Appellate Court and further submit that whole amount has been paid by the petitioner/accused to the respondent, therefore, no order is required to be passed regarding release of the amount.

3 ( 2025:HHC:14252 ) 6. In view of the above, the present petition is disposed

of, so also the pending miscellaneous application(s), if any.

(Rakesh Kainthla) Judge

16^th May, 2024. (Shamsh Tabrez)

Digitally signed by KARAN SINGH GULERIA Date: 2025.05.16 18:37:16 IST