RAKESH KUMAR JAMBH ALIAS RAJA Vs. STATE

JUDGEMENT

(1.) THIS is an application by the appellant/accused under Section 482 of criminal Procedure Code for quashing of FIR No. 205/2005 under Section 324 of indian Penal Code registered at Police Station Karol Bagh. The application is supported by the affidavit of Shri Rajinder Gulati, landlord/complainant, who is also present in the Court, who has deposed that in order to maintain good harmony and good relation the offence under Section 324 of Indian Penal Code, of which the appellant/accused was convicted, be compounded and FIR No. 205/2005 under Section 324 of Indian Penal Code registered at Police Station Karol Bagh be quashed as he does not want any bitterness should remain between the two in future. The Appellant has contended that he was a tenant in respect of property bearing No. 921/1, Faiz Road, Karol Bagh, New Delhi and despite the cordial relations between him and the landlord, Shri Rajinder Gulati, disputes took place resulting in a complaint being filed by Shri Rajinder Gulati/landlord, on the basis of which the FIR No. 205/2005 under Section 324 of Indian Penal Code was registered at Police Station Karol Bagh. Pursuant to the case registered against the appellant, trial was conducted and the learned Additional Sessions Judge had sentenced the appellant to undergo two years" simple imprisonment and pay Rs. 5,000/- as fine under section 324 of Indian Penal Code.

(2.) IT is also contended that the landlord had filed a suit for possession against the appellant which was pending before the Court of Shri Sunil Beniwal, civil Judge, Delhi. The disputes between the parties were referred to Mediation cell, Tis Hazari, Delhi on 9th May, 2008 and the matter has been settled amicably before the learned Mediator pursuant to which the appellant has handed over the vacant and peaceful possession of the tenanted premises to the landlord, Shri Rajinder Gulati and his wife, who are alleged to be the joint owners of the premises.

(3.) SINCE the disputes have been resolved, it is contended that in order to maintain cordial relations and harmony and as the alleged offence against the appellant is compoundable, the same be compounded.