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Judgment
Suresh Kumar Kait, J
Present petition has been filed under section 397/401 read with section 482 Cr.P.C. praying as under:
i. Set aside and quash the impugned judgment dated 20.11.2020 and Order on sentence dated 20.11.2020 passed by Sh. Ajay Gupta, ASJ-02/East,
Karkardooma court, Delhi in Criminal Appeal no. 36 of 2020 titled as ""Sh Suresh Kumar Vs. Sh. Kamlesh Kumar"", and/or
ii. Set aside and quash the impugned judgment dated 14.01.2020 and Order on sentence dated 30.01.2020 passed by Sh. Sujit Saurabh, Ld. MM/East,
Karkardooma court, Delhi in case titled as Sh Kamlesh Kumar Vs. Sh Suresh Kumar in CC No. 355612017, and/or
iii. Pass an order to summon the trial court record for examining the legality, validity, propriety and correctness of the impugned judgement and order
on sentence.
Present petition is filed based upon the settlement arrived at between petitioner and respondent no.2/complainant vide impugned judgment and order
on sentence dated 20.11.2020 passed by learned ASJ-02/East, Karkardooma Court, Delhi in Crl.A. 36/2020, whereby the substantive sentence
awarded by the Trial Court was modified to the extent that the petitioner shall undergo SI for 3 months instead of 4 months with fine of Rs.1,30,000/-
and in default of payment of fine, SI for 1 month.
Respondent no.2/complainant is personally present in court with his counsel. He has produced Aadhar Card vide No.385354861019 for his
verification. He states that matter has been settled and he has no objection if petitioner's conviction and sentence is set aside by this Court.
Learned APP for State submits that if this Court is inclined to set aside petitioner’s conviction and sentence,
petitioner is liable to pay 15% of the principal amount in view of the judgment passed by the Hon'ble Supreme Court of India titled as Damodar S.
Prabhu vs. Sayed Babalal H. (2010)5 SCC 663 decided on 3.5.2010, in favour of legal aid.
I find substance in the submission of learned APP for State, however, keeping in view financial condition of the petitioner as presently he is
unemployed and has 6 children, I hereby waive off the cost amount to be deposited.
In view of above, since the matter has been settled, I hereby set aside impugned judgment and order on sentence dated 20.11.2020 passed by
learned Trial Court.
The petition is accordingly allowed and disposed of.
Order be uploaded on the website of this Court forthwith.