Jawahar vs State (Govt.Of Nct) & Ors
2008 Latest Caselaw 1055 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CRL.M.C No.2226/2008

%                       Date of Decision : 17.07.2008


Jawahar                                         ....... Petitioner
                     Through:   Mr.S.K.Verma, Advocate.


                                  Versus


State (Govt.of NCT) & Ors                       ......... Respondents
                  Through :     Mr.Amit Sharma, APP for the State.


CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR

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


ANIL KUMAR, J.

*

I have heard the learned counsel for the parties. The

complainant, Mr.Lokesh Kumar Singh and the accused Sh.Jawahar are

present. It is contended that the petitioner had not called the

respondent as "Chamar" but had referred to him as "Kumar" as he had

been calling him and the complainant had misunderstood the word. In

the circumstances, the complainant contends that he does not want to

continue proceedings against the petitioner pursuant to his complaint

pursuant to which FIR No.720/2007, under Section 3 of the SC & STC

(Prevention and Atrocities) Act, 1989 and Section 506 of IPC was

registered at Police Station Lajpat Nagar on 17th July, 2007. Let the

statement of Mr.Lokesh Kumar Singh be recorded.

The statement of the complainant has been recorded on

oath. He has deposed that he had misunderstood the word "Kumar" as

"Chamar" and he has realized his mistake and in any case he wants

that no action should be taken against the petitioner in the facts and

circumstances. He has also settled his disputes regarding the monetary

claim and nothing is due from the petitioner to the complainant.

Considering the facts and circumstances that the parties

have settled the matter and in fact the petitioner had not referred the

complainant as "Chamar" but had been referring to him as "Kumar"

which was misunderstood by the petitioner, no useful purpose shall be

served by continuing the proceeding. It shall also be in the interest of

justice to quash the proceedings arising out FIR No.720/2007, under

Section 3 of the SC & STC (Prevention and Atrocities) Act, 1989 and

Section 506 of IPC, Police Station Lajpat Nagar registered on 17th July,

2007 in the facts and circumstances.

Therefore, in the totality of facts and circumstances and

considering that no useful purpose would be served in continuing the

proceedings and in the interest of justice, the FIR No.720/2007, under

Section 3 of the SC & STC (Prevention and Atrocities) Act, 1989 and

Section 506 of IPC, Police Station Lajpat Nagar registered on 17th July,

2007 and all the proceedings emanating therefrom are quashed.

With these directions the petition is disposed of.

July 17, 2008                                      ANIL KUMAR, J.
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