SANJAY BHARDWAJ Vs. STATE & ORS.

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Sanjay Bhardwaj for quashing of FIR No.167/2013 dated 22.06.2013, under Sections 324/34 IPC registered at Police Station Pahar Ganj on the basis of the settlement arrived at between the petitioner and respondent no.2, namely, Sh. Vinay @ Virender.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first informant in the FIR in question by his counsel.

(3.) The factual matrix of the present case is that the FIR in question was lodged by the complainant on the allegation that on 22.06.2013 at about 10:50 pm, the complainant was standing near his brother Ramesh Kumar's cart, situated near PG Hotel. Montu and Sanjay Bhardwaj came there and asked the complainant to take off his shirt, at which point, Sanjay Bhardwaj held him and Montu hit him with a sharp object as Montu wanted to place his cart at the spot where complainant's brother's cart was situated. The complainant suffered injuries due to which he was taken to the hospital. The FIR in question was registered against the petitioner and co -accused proforma respondent no. 3 -Sh. Montu @ Mohit. During the course of investigation, the accused persons were arrested and charge sheet was filed against them under Section 324 r/w Section 34 IPC. On 26.06.2015, the plea bargaining application was filed by respondent no.3 and during the hearing of the same, the parties stated that they have entered into a compromise. The ld. plea bargaining judge passed a judgment and convicted the respondent no.3 for the offence under Section 324/34 IPC and sentenced him to simple imprisonment till rising of the Court.