High Court of DelhiCRL.REV.P./739/2016

Chintu Taneja v. Ramesh Kapoor

2017-08-04Hon'Ble Mr. Justice Vinod Goel2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 739/2016 CHINTU TANEJA ..... Petitioner Through:

Mr.Krishan Kumar and Ms.Sunita Arora, Advocates with the wife of the petitioner in person.

versus RAMESH KAPOOR ..... Respondent Through:

Mr.Mukesh Anand, Advocate with the respondent in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 04.08.2017 CRL.M.A.12443/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.A.12442/2017 in CRL.REV.P. 739/2016 This is a joint application under Section 482 Cr.P.C. filed on behalf of the parties praying for early hearing of the petition and final disposal thereof.

Heard. The prayer is allowed. The date of hearing is preponed and the matter is taken for disposal today itself. The date already fixed in the matter, i.e. 16.10.2017 stands cancelled.

Paragraph-9 and the prayer clause of the joint application indicate that the matter has been amicably settled between the parties on 26.05.2017 and the petitioner/accused is in judicial custody. The joint application is supported with the settlement reached between the parties on 26.05.2017

which is duly supported with the affidavit of the respondent/complainant Ramesh Kapoor, which is present in Court.

The respondent/complainant present in Court admits that he has amicably settled the matter with the petitioner voluntarily and without any force, pressure or coercion and he has received the settled amount from the petitioner and nothing further remains to be paid to him and further submits that he has no objection if the petitioner/accused is released from jail. Looking into the above facts and circumstances, since the matter in dispute has been amicably settled between the parties on 26.05.2017 and the settled amount has been received by the respondent/complainant and nothing further remains to be adjudicated between the parties, I deem it appropriate to admonish the impugned order on sentence dated 21.01.2014 passed by the Court of Metropolitan Magistrate-01 (Negotiable Instruments Act), West District, Tis Hazari Courts, Delhi in CC No.2831/1 titled Ramesh Chand Kumar vs. Chintu Taneja. Consequently, the petitioner/accused Chintu Taneja be released from judicial custody forthwith, if he is not wanted in any other case.

The present petition and the application are allowed and stand disposed of.

Copy of this order be sent to the Jail Superintendent concerned through Special Messenger for information and necessary compliance. A copy of this order be also given dasti to the parties, as prayed. I.S.MEHTA, J AUGUST 04, 2017 'dc'