Yash Pal Singh vs. Om Dev Basudeva

CR.R/76/2024HC Himachal PradeshGSTCNR HPHC01004080202414 March 20263 pages
AI SummaryRemanded

Held

The National Lok Adalat accepted the compromise arrived at between the parties. It was held that the compounding of the offense would have the effect of acquittal. Consequently, the petitioner-accused, Yash Pal Singh, was acquitted. The court directed the release of Rs. 3,30,000/- deposited with the High Court Registry to the complainant-respondent with up-to-date interest. Furthermore, Rs. 20,000/- was to be released to the complainant from the Rs. 70,000/- deposited with the learned Trial Court, along with proportionate interest. The Lok Adalat deemed it inexpedient to impose any compounding fee due to the cost-effective and speedy disposal of the matter. The file was ordered to be sent to the Registry for necessary action.

Facts

This matter was referred to the National Lok Adalat for determination. The petitioner-accused, Yash Pal Singh, and the respondent, Om Dev Basudeva, were represented by their respective counsels. Both counsels informed the Lok Adalat that they were authorized by their clients to compromise the matter. A settlement was reached wherein a sum of Rs. 3,50,000/- was to be paid as compensation to the complainant out of a total fine amount of Rs. 4,00,000/-. A sum of Rs. 3,30,000/- had already been deposited with the High Court Registry and was to be released to the complainant with accrued interest. Additionally, Rs. 20,000/- was to be released to the complainant from Rs. 70,000/- already deposited with the Trial Court, along with proportionate interest. The parties accepted these terms.

Key Issues

1. Whether the matter can be compromised before the National Lok Adalat, leading to the acquittal of the petitioner-accused? 2. What is the appropriate distribution and release of the deposited amounts between the parties as per the settlement? Petitioner's Arguments: The petitioner, through their counsel, agreed to the terms of the compromise, consenting to the payment of compensation and the release of funds as agreed upon. They sought acquittal based on the compounding of the offense. Revenue/State's Arguments: The respondent, through their counsel, agreed to the terms of the compromise, including the compensation amount and the release of deposited funds. They accepted the settlement as a final resolution of the matter.

AI-generated summary — verify with the full judgment below

BEFORE THE NATIONAL LOK ADALAT Present: Mr. Piyush Agnihotri, Advocate vice counsel for the petitioner-accused.

Mr. Piyush Chandel, Advocate vice counsel for the respondent.

The matter has been referred for determination to the National Lok Adalat.

Both the learned counsels appearing for the parties before the National Lok Adalat today have stated that they have been authorized/instructed by respective parties to compromise the matter before the Bench of National Lok Adalat.

As per the settlement arrived at between the parties, a sum of Rs.3,50,000/- (Three Lacs Fifty Thousand Only) was ordered to be paid as compensation to the complainant out of total fine amount of Rs.4,00,000/- (Four Lacs).

It has been stated by learned counsel for the parties that a sum of Rs.3,30,000/- (Three Lacs Thirty Thousand Only) has been deposited before the Registry of Hon’ble High Court of H.P., and the same be released in favour of complainant-respondent with up to date interest, if any.

Further, parties have agreed that a sum of R

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.