Mohd. Yashir Ali Khan Vs Bunty Kumar — Himachal Pradesh HC (2025) — LawSathi Research

Mohd. Yashir Ali Khan Vs Bunty Kumar — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revision allowed on compromise between the parties; judgment of learned Sessions Judge, Bilaspur dated 16.05.2023 affirming conviction dated 14.07.2025 and sentence dated 18.07.2025 (JMFC Bilaspur, case No.129-3 of 2016/14) set aside; deposits of Rs. 20,250/- and Rs. 2,00,000/- ordered released to the complainant into his savings bank account; pending applications, if any, disposed of accordingly.

Issue for consideration

Whether the criminal revision should be allowed in view of the compromise effected between the parties, the complainant having submitted that he does not want to proceed further with the complaint and does not want to press it. +1 more

Court's answer

In view of the compromise effected between the parties, the present revision is allowed and the judgment passed by the learned Sessions Judge, Bilaspur, District Bilaspur, H.P. on 16.05.2023, affirming the judgment of conviction dated 14.07.2025 and order of sentence dated 18.07.2025 passed by the learned Judicial Magistrate, First Class, Bilaspur, H.P. in case No.129-3 of 2016/14, is ordered to be set aside.

Ratio / Principle

The amount deposited before the Registry as well as the learned Trial Court is ordered to be released in favour of the complainant by remitting the same into the savings bank account of the complainant, details of which shall be furnished by the learned counsel for the respondent/complainant.

Detailed headnote1 paragraphs

Criminal Revision — Compromise between parties — Complainant, under instructions, submitted that he did not want to proceed further with the complaint nor press it — High Court of Himachal Pradesh allowed Cr. Revision No.424 of 2023 (Mohammad Yasir v. Bunty Kumar) and set aside the judgment dated 16.05.2023 of the learned Sessions Judge, Bilaspur affirming the judgment of conviction dated 14.07.2025 and order of sentence dated 18.07.2025 passed by the learned Judicial Magistrate, First Class, Bilaspur in case No.129-3 of 2016/14 — Deposit of ₹20,250/- (15% of cheque amount, receipt dated 24.06.2025 of Member Secretary, H.P. Legal Services Authority) and ₹2,00,000/- before the Registry and Trial Court ordered to be released to the complainant into his savings bank account — Pending applications disposed of. (Paras 3–4, 7–8, 12–14)

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Revision No.424 of 2023 Decided on : 01.08.2025

Mohammad Yasir ...Petitioner Versus Bunty Kumar ...Respondent

Coram Hon’ble Mr Justice Rakesh Kainthla , Judge. Whether approved for reporting?¹ No For the Petitioner : Mr. Prashant Sharma, Advocate. For the Respondent : Mr. Gaurav Chaudhary, Advocate, vice Mr. Mandeep Chandel, Advocate.

Rakesh Kainthla, Judge (oral)

Learned counsel for the petitioner has placed on record a

receipt dated 24.06.2025, issued by the Member Secretary, H.P. Legal Services Authority, Kasumpti, Shimla, regarding the deposit of ₹20,250/- which is 15% of the cheque amount.

Learned counsel for the respondent under instructions submits that complainant does not want to proceed further with the complaint in view of the compromise effected between the parties

and he does not want to press the complaint.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2

In view of the compromise effected between the parties, the present revision is allowed and the judgment passed by learned Sessions Judge, Bilaspur, District Bilaspur, H.P. on 16.05.2023 affirming the judgment of conviction dated 14.07.2025 and order of sentence dated 18.07.2025 passed by learned Judicial Magistrate, First Class, Bilaspur, H.P. in case No.129-3 of 2016/14 are ordered to be set aside.

Learned counsel for the petitioner submits that ₹2,00,000/- have been deposited before the Registry and learned Trial Court, respectively. The said amount be released in favour of the complainant as per compromise effected between the parties. Hence, the amount so deposited before the Registry as well as learned Trial Court is ordered to be released in favour of the complainant by remitting the same into the savings bank account of the complainant, details of which shall be furnished by the learned counsel for the respondent/complainant.

In view of above, the present petition is disposed of. Pending applications, if any, also stand disposed of accordingly.

(Rakesh Kainthla) Judge

01^st August, 2025 (ravinder)