Rajesh Kumar vs. Himachal Motors And General Finance LTD

Held

The Court held that the parties had voluntarily and amicably settled the matter. The entire compensation amount of Rs. 1,40,000/- had been received by the complainant from the petitioner, and nothing was due. Consequently, the matter was finally settled. In view of the settlement, the compounding of the offence was given effect, which has the effect of acquittal. The petitioner-accused was accordingly acquitted. The Court also noted that since the parties opted for a cost-effective and speedy disposal before the National Lok Adalat, it was not expedient to impose any compounding fee. The file was ordered to be sent to the Registry of the Hon'ble High Court for further necessary action.

Facts

This matter, Criminal Revision No. 59 of 2016, was referred for determination to the National Lok Adalat. The petitioner, Rajesh Kumar, and respondent No. 1, H.P. Motors and Anr. (represented by its Executive Director), appeared through their respective counsel. The State (respondent No. 2) was not represented. Both parties voluntarily and amicably settled the matter with their free consent, without undue influence or misrepresentation. The settlement involved the petitioner paying the complainant the entire compensation amount of Rs. 1,40,000/-. The parties confirmed that nothing further was due, and the matter was finally settled.

Key Issues

1. Whether the parties have amicably settled the dispute, leading to the compounding of the offence and acquittal of the petitioner? Petitioner's Arguments: The petitioner, through their counsel, argued that a full and final settlement had been reached with respondent No. 1. The entire compensation amount of Rs. 1,40,000/- had been paid by the petitioner to the complainant, and nothing remained due. This settlement was arrived at voluntarily and with the free consent of both parties. Revenue/State's Arguments: None recorded. The State was not represented before the National Lok Adalat.