Sh Suresh Kumar vs State(Nct Of Delhi) & Anr.
2021 Latest Caselaw 353 Del

$~10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                     Decided on: 02.02.2021

+     CRL.REV.P. 385/2020
      SH SURESH KUMAR                                    ..... Petitioner
                         Through        Mr.Rai Sinha, Adv.

                         versus

      STATE(NCT OF DELHI) & ANR.               ..... Respondents
                    Through  Mr. Panna Lal Sharma, APP for State
                             Mr.Satwant, Adv. for R-2 with R-2 in
                             person.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                            JUDGMENT

1. Present petition has been filed under section 397/401 read with

section 482 Cr.P.C. praying as under:

i. Set aside and quash the impugned judgment dated 20.11.2020

and Order on sentence dated 20.11.2020 passed by Sh. Ajay

Gupta, ASJ-02/East, Karkardooma court, Delhi in Criminal

Appeal no. 36 of 2020 titled as "Sh Suresh Kumar Vs. Sh.

Kamlesh Kumar", and/or

ii. Set aside and quash the impugned judgment dated 14.01.2020

and Order on sentence dated 30.01.2020 passed by Sh. Sujit

Saurabh, Ld. MM/East, Karkardooma court, Delhi in case titled

as Sh Kamlesh Kumar Vs. Sh Suresh Kumar in CC No.

355612017, and/or

iii. Pass an order to summon the trial court record for examining

the legality, validity, propriety and correctness of the impugned

judgement and order on sentence.

2. Present petition is filed based upon the settlement arrived at between

petitioner and respondent no.2/complainant vide impugned judgment and

order on sentence dated 20.11.2020 passed by learned ASJ-02/East,

Karkardooma Court, Delhi in Crl.A. 36/2020, whereby the substantive

sentence awarded by the Trial Court was modified to the extent that the

petitioner shall undergo SI for 3 months instead of 4 months with fine of

Rs.1,30,000/- and in default of payment of fine, SI for 1 month.

3. Respondent no.2/complainant is personally present in court with his

counsel. He has produced Aadhar Card vide No.385354861019 for his

verification. He states that matter has been settled and he has no objection if

petitioner's conviction and sentence is set aside by this Court.

4. Learned APP for State submits that if this Court is inclined to set

aside petitioner's conviction and sentence, petitioner is liable to pay 15% of

the principal amount in view of the judgment passed by the Hon'ble

Supreme Court of India titled as Damodar S. Prabhu vs. Sayed Babalal H.

(2010)5 SCC 663 decided on 3.5.2010, in favour of legal aid.

5. I find substance in the submission of learned APP for State, however,

keeping in view financial condition of the petitioner as presently he is

unemployed and has 6 children, I hereby waive off the cost amount to be

deposited.

6. In view of above, since the matter has been settled, I hereby set aside

impugned judgment and order on sentence dated 20.11.2020 passed by

learned Trial Court.

7. The petition is accordingly allowed and disposed of.

8. Order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 02, 2021 ab