PAWAN KUMAR Vs. STATE OF NCT, DELHI

JUDGEMENT

(1.) The present petition is filed by the petitioner under Section 397/401 of the Cr.P.C. praying inter alia for setting aside the judgment and order dated 26.11.2009 passed by the learned ASJ in Crl. A. No. 9/2009, confirming the conviction order of the petitioner dated 21.4.2009, passed by the learned Metropolitan Magistrate, holding him guilty of the offence under Sections 279/304A IPC and sentencing him to undergo simple imprisonment of 12 months with fine of Rs. 5,000/- and in default thereof, further undergo simple imprisonment of one month. It is submitted by the counsel for the petitioner that after the revision petition filed by the petitioner before the learned ASJ was dismissed, he was taken into custody and has undergone conviction for a period of one month and 21 days, w.e.f. 26.11.2009. In the present proceedings, vide order dated 14.1.2010 the sentence of imprisonment of the petitioner was suspended during the pendency of the case, on the terms and conditions as imposed in the said order.

(2.) The order dated 14.1.2010, records the willingness expressed by the petitioner to further compensate the legal heirs of the victim of the accident, late S. Jaswant Singh. It was also recorded in the said order that the fine of Rs. 6,000/- imposed on the petitioner, was deposited by him in the trial court and the same had already been disbursed to the legal heir of the deceased as compensation, in terms of the directions of the trial court as contained in the judgment and order dated 26.11.2009.

(3.) It is now stated by the counsel for the petitioner that a settlement had been arrived at between him and the legal heir of the deceased, Mr. Gurmeet Singh, on 21.4.2010, in terms of which Mr. Gurmeet Singh agreed to receive additional compensation of Rs. 30,000/- from the petitioner in full and final settlement. The duly notarized original Settlement Agreement dated 21.4.2010 is handed over by the counsel for the petitioner and taken on the record.