Rakesh Kumar Vs Rakesh Kumar and Another

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Rakesh Kumar vs. Rakesh Kumar & another

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Cr.MP No. 842 of 2026 in Cr. Revision No. 559 of 2024

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12.03.2026 Present:

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Mr. Lokender Kutlehria, Additional Advocate General, for the appellant/State.

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Mr. Lovneesh Thakur, Advocate, vice Mr. Narender Guleria, Advocate, for respondent No.1

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Mr. Jitender K. Sharma, Additional Advocate General, for the respondent No.2.

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Learned counsel for the parties, under instructions submit that the matter has been compromised between the parties.

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In view of the order passed by this Court in Rakesh Kumar vs. Ashok Kumar Bansal in Criminal Revision No. 564 of 2025 in Cr.M.P. No. 624 of 2026 dated 27.02.2026, the petitioner is directed to deposit 15% amount of the cheque amount before Member Secretary, H.P. State Legal Services Authority, Kasumpti Shimla, H.P. and the matter be listed thereafter.

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(Rakesh Kainthla)

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Judge

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12^h March, 2026 (ravinder)

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Case called again

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12.03.2026 Present:

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Ms. Reeta Goswami, Senior Advocate with Ms. Rekha Thakur, Advocate for the appellant

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Mr. Lovneesh Thakur, Advocate vice Mr. Narender Guleria, Advocate for respondent No.1.

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Mr. Jitender K. Sharma, Additional Advocate General for respondent No.2/State.

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A receipt of ₹15,000/- being the 15% of the cheque amount of ₹1,00,000/- has been placed on record. Learned counsel for respondent No.1/complainant, under instructions, submits that the matter has been reconciled between the parties and he has no objection in case the present application is allowed.

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The record shows that the petitioner/accused was convicted and sentenced by learned Judicial Magistrate First Class, Court No.II, Mandi, H.P. in Criminal complaint No. 970 of 2019 titled Rakesh Kumar versus Rakesh Kumar vide judgment of conviction and order of sentence dated 19.01.2024. The petitioner/accused unsuccessfully challenged his conviction and sentence before learned Sessions Judge, Mandi in Criminal Appeal No. 29 of 2024 titled Rakesh Kumar vs Rakesh Kumar & Anr. and before this Court in Cr. Revision No. 559 of 2024 titled Rakesh Kumar versus Rakesh Kumar & another decided on 08.07.2025.

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The Division Bench of this Court held in Chune Ram vs. Brikam Chand, 2025:HHC:38122 decided on 13.11.2025 that the Court can quash the conviction even after its finalization in criminal revision based on the compromise effected between the parties. This judgment is binding upon this Court.

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In view of this judgment, the present application is allowed and the conviction and sentence awarded by the learned Judicial Magistrate First Class, Court No.II, Mandi as afÏrmed by learned Sessions Judge, Mandi and by this Court are ordered to be quashed.

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It has been submitted that ₹45,000/- have been deposited before learned Trial Court, which are to be disbursed to the accused in terms of the compromise. Let the amount of ₹45,000/- deposited before the learned Trial Court are ordered to be disbursed to the accused by remitting the same to his savings bank account on furnishing of the bank account details, if not furnished earlier.

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The petitioner is stated to be in judicial custody and he is presently lodged in District Jail Mandi, H.P. He is ordered to be released forthwith, if not required in any other case. Release warrants be prepared accordingly and

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the same be sent to the Superintendent, District Jail Mandi through FASTER forthwith for necessary compliance.

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In view of the above, the present application is disposed of, so also the pending miscellaneous application(s), if any.

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(Rakesh Kainthla) Judge

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12^th March, 2026 (Nikita) Digitally signed by CHANDER CHANDER SHEKHAR SHEKHAR Date: 2026.03.12 17:39:13 +0530

Rakesh Kumar v. Rakesh Kumar and Another

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Rakesh Kumar v. Rakesh Kumar and Another

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