Pawan Kumar vs State Of Nct,Delhi
2010 Latest Caselaw 3737 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           CRL. REV.P. 708/2009


                                                       Decided on 11.08.2010
IN THE MATTER OF :

PAWAN KUMAR                                                ..... Petitioner
                         Through: Mr.K.L.Janjani, Mr.S.Pandey
                         and Ms.Hema Sahu, Advocates with
                         petitioner in person


                   versus


STATE OF NCT,DELHI                                           ..... Respondent
                         Through Mr.M.N.Dudeja, APP.
                         SI Sanjay Kumar, PS Rajouri Garden
                         Mr.Gurmeet Singh, legal heir of deceased
                         S.Jaswant Singh

CORAM

* HON'BLE MS.JUSTICE HIMA KOHLI

     1. Whether Reporters of Local papers may          Yes
        be allowed to see the Judgment?

     2. To be referred to the Reporter or not?         Yes

     3. Whether the judgment should be                 Yes
        reported in the Digest?


HIMA KOHLI, J. (Oral)

1. The present petition is filed by the petitioner under Section

397/401 of the Cr.P.C. praying inter alia for setting aside the judgment and

order dated 26.11.2009 passed by the learned ASJ in Crl. A.No.9/2009,

confirming the conviction order of the petitioner dated 21.4.2009, passed by

the learned Metropolitan Magistrate, holding him guilty of the offence under

Sections 279/304A IPC and sentencing him to undergo simple imprisonment

of 12 months with fine of Rs.5,000/- and in default thereof, further undergo

simple imprisonment of one month.

2. It is submitted by the counsel for the petitioner that after the

revision petition filed by the petitioner before the learned ASJ was dismissed,

he was taken into custody and has undergone conviction for a period of one

month and 21 days, w.e.f. 26.11.2009. In the present proceedings, vide

order dated 14.1.2010 the sentence of imprisonment of the petitioner was

suspended during the pendency of the case, on the terms and conditions as

imposed in the said order.

3. The order dated 14.1.2010, records the willingness expressed by

the petitioner to further compensate the legal heirs of the victim of the

accident, late S.Jaswant Singh. It was also recorded in the said order that

the fine of Rs.6,000/- imposed on the petitioner, was deposited by him in

the trial court and the same had already been disbursed to the legal heir of

the deceased as compensation, in terms of the directions of the trial court as

contained in the judgment and order dated 26.11.2009.

4. It is now stated by the counsel for the petitioner that a

settlement had been arrived at between him and the legal heir of the

deceased, Mr. Gurmeet Singh, on 21.4.2010, in terms of which Mr.Gurmeet

Singh agreed to receive additional compensation of Rs.30,000/- from the

petitioner in full and final settlement. The duly notorized original

Settlement Agreement dated 21.4.2010 is handed over by the counsel for

the petitioner and taken on the record.

5. Counsel for the petitioner submits that apart from the sum of

Rs.30,000/-, as mentioned in the Settlement Agreement, which has already

been paid to Mr.Gurmeet Singh, the petitioner volunteers to pay him a sum

of Rs.15,000/- in addition. The petitioner hands over a cheque bearing

No.050462 for a sum of Rs.15,000/- dated 25.8.2010 drawn on Indian

Bank, Deshbandhu Gupta Road to Mr.Gurmeet Singh, who is present in the

Court and duly identified by the Investigating Officer, which is duly accepted

by the latter, in full and final settlement. The petitioner undertakes to the

court that the aforesaid cheque when presented, shall be duly honoured and

in case the same is not honoured, Mr.Gurmeet Singh shall be entitled to

approach the court for revival of the present proceedings, apart from filing a

complaint under Section 138 of the Negotiable Instruments Act.

6. As noticed above, the petitioner has paid a sum of Rs.51,000/-

as compensation to Mr. Gurmeet Singh, legal heir of the deceased victim and

parties have arrived at an interse settlement. Out of the quantum of

sentence of one year, the petitioner has already served the sentence for a

period of one month and 21 days. The incident took place in the year 1999,

when the petitioner was only about 20 years of age and he is now a

responsible citizen having married, with two minor children to look after.

Having regard to the peculiar facts of the present case and considering the

fact that the petitioner is stated not to be involved in any other criminal case

apart from the present one, and it appears that he has been assimilated in

the main stream of the society as a useful citizen, no useful purpose shall be

served in requiring him to undergo the remaining portion of the sentence.

Learned APP for the State has no objection if the sentence of the petitioner

is reduced to the period already undergone.

7. The present petition is accordingly disposed of by upholding the

conviction order, but reducing the sentence to the period undergone. As the

petitioner is on bail, the bail bond and the surety shall stand discharged.

                                                              (HIMA KOHLI)
AUGUST     11, 2010                                              JUDGE
mk