(1.) Ld. counsel for the petitioner submits vide FIR No. 33 dated 03.02.2011 registered at PS Had Nagar under Sections 341/308/34 Indian Penal Code, 1860 against the petitioner on the complaint of respondent. Ld. counsel further submits the respondent No. 2 has compromised with the petitioner and he is no more interested to pursue the case.
(2.) Respondent No. 2 is personally present in the court and SI Raj Kumar of PS Hari Nagar has identified him. He states that he is presently working as Head Constable in Delhi Police. The incident took place on 02.02.2011. He alongwith his wife/Pushpenderjeet Kaur riding on a motorcycle bearing No. DL-4SBC4566, was going to Lajwanti Garden from jall road for some private work. At about 11:30 PM when he reached at Hari Nagar Depot red light, it was green light on his side, when he crossed the chowk and moved a little further then suddenly the petitioner came on motor cycle bearing No. DL4SBD-5721 Black Pulsar from Hari Nagar Ghanta Ghar side and turned to left side of chowk and came on rail road and at once he turned his motorcycle to the right side, perhaps he has to go towards Janakpuri or Tilak Nagar and due to the red light, he had to wait for green light. Suddenly he came in front of him without waiting for green light and at once he stopped his motorcycle. He and his wife with great difficulty saved themselves from falling on the road and above said person was stopped and that person also stopped his motorcycle and threatened him by saying that why he had not been paying heed in driving motorcycle.
(3.) On this issue, the petitioner abused him and also threatened him that he will beat him. On this he told firstly you realize your mistake however he got down from the motorcycle and started beating him. His wife got down from the motorcycle and objected for his behaviour and 2-3 persons which came from the shops which were on the opposite side of the depot and in the garb of mediation caught him and hit him on head with his kara or some iron implement which he had in his hand at that time due to which blood started oozing out from right side of the head and thereafter he was taken to the DDU Hospital where treatment was started.