Mr.Rakesh Kumar Jambh @ Raja vs The State, Govt. Of Nct Of Delhi
2008 Latest Caselaw 1439 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+             Crl.M.A. No.7569/2008 & Crl.A. No.798/2006


%                      Date of Decision: 25.08.2008

Mr.Rakesh Kumar Jambh @ Raja                          .... Appellant

                      Through Mr.Sat Pal Sharma, Advocate

                                   Versus

The State, Govt. of NCT of Delhi                      .... Respondent

                      Through Mr.Amit Sharma, Advocate
                              Mr.Rajinder Gulati, Complainant         in
                              person.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be               YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                 NO
3.   Whether the judgment should be reported in             NO
     the Digest?


ANIL KUMAR, J.

*

This is an application by the appellant/accused under Section

482 of Criminal Procedure Code for quashing of FIR No.205/2005

under Section 324 of Indian Penal Code registered at Police Station

Karol Bagh.

The application is supported by the affidavit of Shri Rajinder

Gulati, landlord/complainant, who is also present in the Court, who

has deposed that in order to maintain good harmony and good relation

the offence under Section 324 of Indian Penal Code, of which the

appellant/accused was convicted, be compounded and FIR

No.205/2005 under Section 324 of Indian Penal Code registered at

Police Station Karol Bagh be quashed as he does not want any

bitterness should remain between the two in future.

The Appellant has contended that he was a tenant in respect of

property bearing No. 921/1, Faiz Road, Karol Bagh, New Delhi and

despite the cordial relations between him and the landlord, Shri

Rajinder Gulati, disputes took place resulting in a complaint being filed

by Shri Rajinder Gulati/landlord, on the basis of which the FIR

No.205/2005 under Section 324 of Indian Penal Code was registered at

Police Station Karol Bagh.

Pursuant to the case registered against the appellant, trial was

conducted and the learned Additional Sessions Judge had sentenced

the appellant to undergo two years' simple imprisonment and pay

Rs.5,000/- as fine under Section 324 of Indian Penal Code.

It is also contended that the landlord had filed a suit for

possession against the appellant which was pending before the Court of

Shri Sunil Beniwal, Civil Judge, Delhi. The disputes between the

parties were referred to Mediation Cell, Tis Hazari, Delhi on 9th May,

2008 and the matter has been settled amicably before the learned

Mediator pursuant to which the appellant has handed over the vacant

and peaceful possession of the tenanted premises to the landlord, Shri

Rajinder Gulati and his wife, who are alleged to be the joint owners of

the premises.

Since the disputes have been resolved, it is contended that in

order to maintain cordial relations and harmony and as the alleged

offence against the appellant is compoundable, the same be

compounded.

Considering the facts and in totality of circumstances, the

application is allowed. The offence under Section 324 of Indian Penal

Code is compounded and the conviction of the appellant under Section

324 of Indian Penal Code by order dated 5th September, 2006 and the

sentence order dated 6th September, 2006 in FIR No.205/2005 under

Section 324 of Indian Penal Code registered at Police Station Karol Bagh

are set aside and the appellant is acquitted and the FIR No.205/2005

under Section 324 of Indian Penal Code registered at Police Station

Karol Bagh and the proceedings emanating there from are quashed.

With these directions, the application and the appeal are disposed of.

      Dasti



August 25, 2008                                     ANIL KUMAR, J.
'Dev'