Smt. Ritu Gupta vs State & Anr.
2018 Latest Caselaw 7612 Del

$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on: 21.12.2018
+     CRL.REV.P. 1120/2018

SMT. RITU GUPTA                                        ..... Petitioner
                          versus

STATE & ANR.                                           ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr. Samar Bansal and Ms. Vidhi Goel, Advs.

For the Respondent    :   Mr. Hirein Sharma, Addl. PP for the State with SI
                          Bharat
                          Mr. S.P. Singh, Adv. for R-2

CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                          ORDER

% 21.12.2018 SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 49485/2018 (Exemption) Allowed, subject to all just exceptions.

Crl. M.A. 49484/2018 (condonation of delay)

For the reasons stated in the application, the delay in filing the petition is condoned. The application is disposed of.

CRL.REV.P. 1120/2018 & Crl.M.A.50737/2018

1. Petitioner impugns judgment dated 12.01.2018 whereby the appeal filed by the petitioner impugning judgment/order on conviction dated 20.01.2017 and order on sentence dated 30.01.2017 has been dismissed.

2. Petitioner has been convicted of offences punishable under Sections 323 of the Indian Penal Code, 1860 and sentenced to undergo three years imprisonment and to pay a fine of Rs. 10,000/- and also been convicted under Section 341 of the IPC and sentenced to undergo Simple Imprisonment for a period of one month.

3. Petitioner and the complainant/respondent are related to each other being married to two brothers. Parties have settled the disputes.

4. Pending consideration of the subject petition an application under Section 320 Cr. P.C. has been filed seeking compounding of the offence under Section 323 and 341 of the IPC.

5. Respondent no. 2/complainant is present in Court in person, represented by her counsel and identified by the Investigating Officer. She submits that she has settled the dispute with the petitioner and has no objection to the compounding of the subject offences. She has even filed an affidavit in support of the application.

6. Keeping in view the above facts and also the fact that the parties are related to each other and have amicable settled all their disputes, civil and criminal in nature, the subject offences punishable

under Sections 323/341 of the IPC are compounded. The impugned judgments/orders referred to above are set aside. The petitioner is acquitted of the subject offences.

7. Accordingly, the petition along with all the pending applications are disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

DECEMBER 21, 2018                      SANJEEV SACHDEVA, J
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