Considering the fact that the Appellant has complied with the direction given by this Court vide order dated 15th January, 2018 and taking overall view of the matter, we are of the opinion that interest of justice would be subserved if the order regarding simple imprisonment of three months is modified and in lieu thereof, additional compensation amount of Rs. 1,00,000/- (Rupees One Lac only), already deposited by the Appellant before the Trial Court, is directed to be made over to Respondent No. 2. In other words, Respondent No. 2 is free to withdraw the additional compensation amount of Rs. 1,00,000/- (Rupees One Lac only) already deposited by the Appellant before the Trial Court. This amount be paid to Respondent No. 2 subject to verification of his identity.
9. We are conscious of the fact that Respondent No. 2 (Complainant) has not appeared before this Court, but the order which we propose to pass is to his advantage and, in all probability, the same would be acceptable to him. We make it clear that if Respondent No. 2-original Complainant is not satisfied with this order, he will be free to apply for recall of the same, which request can be considered appropriately.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 271 of 2018 (Arising out of SLP (Crl.) No. 57 of 2013)
Decided On: 19.02.2018
P. Ramadas Vs. State of Kerala and Ors.
Hon'ble Judges/Coram:
Dipak Misra, C.J.I., A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ.
Citation: (2018) 3 SCC 287,2018(6) MHLJ 945
