Renu Kashyap vs. Susheel Sharma
Held
The Court held that the matter had been amicably settled between the parties with their free consent, will, and volition, without any undue influence or misrepresentation. The settlement agreement, wherein the petitioner agreed to pay Rs. 4,60,000/- to the respondent, was accepted by both parties. The Court noted that the compounding of the offense, as a result of this settlement, would have the effect of acquittal. Therefore, the petitioner-accused was acquitted. The Court directed that the amount deposited be released to the respondent upon furnishing bank account details. No costs were imposed due to the cost-effective and speedy disposal of the matter.
Facts
This matter, Cr. Revision No. 07 of 2024, was referred to the National Lok Adalat for determination. The petitioner, Ms. Renu Kashyap, and the respondent, Mr. Susheel Sharma, appeared in person and through their counsel. Both parties voluntarily and amicably settled the dispute. As per the settlement, the petitioner deposited a sum of Rs. 4,60,000/- with the Registry of the High Court of Himachal Pradesh and the learned Trial Court. This amount is to be released to the respondent as full and final settlement. The parties have accepted and signed the terms of the agreement.
Key Issues
1. Whether the dispute between the parties has been amicably settled through the National Lok Adalat, leading to the compounding of the offense. This issue turns on the parties' voluntary consent and the terms of their agreement. Petitioner's Contention: The petitioner, appearing in person, participated in the settlement process, indicating her agreement to the terms. Respondent's Contention: The respondent, represented by counsel and appearing in person, also agreed to the settlement terms, signifying his acceptance of the resolution. The judgment does not record any specific arguments against the settlement.
AI-generated summary — verify with the full judgment below
BEFORE THE NATIONAL LOK ADALAT Present: Petitioner-Ms. Renu Kashyap in person.
Mr. Arsh Chauhan, Advocate for the respondent
alongwith respondent in person.
The matter has been referred for determination to the National Lok Adalat. Both the parties have voluntarily and amicably settled the matter with their free consent, will, volition and without any undue influence or misrepresentation.
As per settlement arrived between the parties, a sum of Rs. 4,60,000/- (Four Lacs Sixty Thousand Only) has been deposited by the petitioner-accused before the Registry of Hon’ble High Court of H.P., and learned Trial Court which amount is agreed to be released in favour of the respondent-complainant as full and final amount of the settlement of dispute.
Accordingly, the matter stands finally settled. The parties shall be bound by the terms and conditions of the agreement as agreed.
The terms and conditions of the settlement as above have been explained to the parties/counsel, which they have accepted as correct and appended their signature in evidence
The judgment continues below.
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Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.