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High Court of DelhiCRL.M.C./4849/2016

Ishwinder Pal Singh v. State Of NCT Of Delhi & ANR.

2017-07-14Hon'Ble Mr. Justice S.P.Garg2 pages

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4849/2016 ISHWINDER PAL SINGH ..... Petitioner Through:

Ms. Shreya Jain, Mr. Gaurav Tanwar, Advocates versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Manjeet Arya, APP Mr. Ravi Chandra Ganesh, Adv. for R2 along with R2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.07.2017 Crl.M.A. 11000/2017 (early hearing) Learned counsel for the Petitioner submits that offences under Sections 337 and 338 IPC have already been compounded by the Trial Court.

It is submitted that the application for compounding of offences under Sections 337 and 338 IPC was made before the Trial Court in view of the observations made by this court in order dated 19th May, 2017. Learned counsel for the Petitioner submits that the Petitioner has been admitted in the University of Manitoba, Canada and he has to report the University on 4th August, 2017; whereas the matter is listed in the last week of November, 2017.

In view of the above submission, the application is allowed. The date

fixed in the matter is preponed for today. The application is disposed of. Crl.M.C. 4849/2016 Respondent No.2 is present in Court along with his counsel and has been identified by SI Ram Pratap, PS Delhi Cantt. Respondent No.2 admits having compromised the matter with the Petitioner vide Settlement Deed dated 1st November, 2016 and contends that he has settled the matter with the Petitioner on his own free will and without any undue force, pressure or coercion and that he does not wish to pursue the FIR against the Petitioner under Section 279 IPC as well. It is submitted that offences under Sections 337 and 338 IPC are compounded by the Trial Court vide order dated 26th May, 2017.

Keeping in view the above facts and circumstances, FIR No. 406/14 under Section 279 and the consequent proceedings emanating therefrom are quashed.

As regards offences under Sections 337 and 338 IPC are concerned, the same have already been compounded by the Trial Court. Petition is disposed of in the above terms. Date already fixed, that is, 29th November, 2017 is cancelled.

A.K. PATHAK, J JULY 14, 2017/pk