Rajesh Bajaj v. Ravinder Jagga

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 662/2016 RAJESH BAJAJ ..... Petitioner Through:

Mr.Ashish Malhotra, Advocate with parokar of the petitioner in person.

versus RAVINDER JAGGA ..... Respondent Through:

Mr.Mohindu Dhawan, Advocate with the respondent in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 05.10.2016 Crl.M.A.No.15760/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.REV.P.662/2016 and Crl.M.A.No.15761/2016 (delay) This is a revision petition under Section 397 read with Section 401 Cr.P.C. filed on behalf of the petitioner against the judgment dated 02.04.2016 passed by the learned District & Sessions Judge, West Delhi in the Criminal Appeal No.25/2015 titled Rajesh Bajaj vs. Ravinder Jagga. Counsel for the petitioner submits that the petitioner has been convicted and sentenced by the learned MM vide judgment dated 21st April, 2015 and order on sentence dated 29th May, 2015 to undergo simple

imprisonment for six months and to pay compensation of Rs.3 lacs to the complainant. In default of payment of compensation, he was further ordered to undergo simple imprisonment for two months. Counsel further submits that presently the petitioner is in judicial custody and serving the sentence awarded to him. It is further submitted by counsel for the petitioner that the petitioner challenged his conviction and sentence passed by the learned MM before the learned Addl. Sessions Judge by filing an appeal, however, the said appeal was also dismissed by the learned District and Sessions Judge (West), Delhi vide judgment dated 2nd April, 2016. Hence the petitioner has filed the present revision petition before this Court assailing the said order of the learned District and Sessions Judge, Delhi.

Counsel for the petitioner further submits that after his conviction and sentence in the above case, the petitioner approached the complainant (respondent herein) for an amicable settlement of the dispute and vide Settlement Agreement dated 29th September, 2016, the petitioner and the respondent No.2 have amicably settled the matter and whole settled amount has been paid by the petitioner to the complainant. He further submits that since the parties have amicably settled the matter, no useful purpose would be served by sending the petitioner in jail and keeping the proceedings alive. Counsel for the petitioner accordingly prays that the revision petition may be allowed, the impugned orders passed by the learned Trial Court may be quashed/set aside.

The respondent/complainant is present in Court along with his counsel. The respondent also confirms the fact of amicable settlement with the petitioner. He submits that he has amicably settled the matter with the petitioner and submits that now he is left with no claim or grievance against

the petitioner and that he has got no objection if the impugned orders of the Trial Court are set aside/quashed.

In view of the aforesaid amicable settlement between the parties, the impugned orders dated 21st April, 2015, 29th May, 2015 and 2nd April, 2016 are set aside/quashed.

The revision petition stands disposed of in the above terms. I.S.MEHTA, J OCTOBER 05, 2016 'dc'