Chatter Singh Rachhoya v. Sajjan Kumar

1. This is an application seeking exemption from filing the certified copies of annexures. Exemption is allowed.

2. The application stands disposed of. Cri.M.C.No.2443/2011 i: 1,'

1. This is a petition for quashing of complaint case bearing no. 92/D/04 titled Chatter Singh Rachhoya Vs. Sajjan Kumar '-,__:. and Ors. presently pending in the Court of Sh.Raj Kapoor, ASJ, Tis Hazari Courts, Delhi.

2. It has been stated in the petition that the petitioner no.1 along with four other persons namely Bijender Singh, Harender Singh, I Shokeen and Mandeep Singh was summoned to face the trial for various offences in the year 2005. It has been stated that 1r;;-;,-:' 2011:DHC:11494 2_ except the petitioner no.l, the remaining 4 persons have arrived at a compromise with the petitioner no.2jcomplainant on different dates vide orders passed by the learned ASJ on 24.8.2005, 23.7.2009 and 4.8.2010. The matter was treated as disposed of qua these four accused persons.

3. It has been stated by the learned counsel for the ~-~ petitioner/Sajjan Kumar that he is the only accused, who is left '.__-' in the complaint and with the intervention of some common friends, the petitioner no.2 /complainant has arrived at a compromise with the petitioner no.l also.

4. The petitioner no.l was summoned for an offence u/S 325/34 and u/S 3(1)(x) of SC&ST (Prevention of Atrocities) Act and since the latter offence could not be compounded before the Special Judge, therefore, the present petition has been filed.

5. The petition is supported by the affidavit of the petitioner no.l as well as the petitioner no.2/complainant. Both the petitioners have been identified by the learned counsel for the petitioner.

6. Issue notice.

7. Mr.Sharma, learned APP accepts notice on behalf of the State.

8. The learned APP has no objection to the quashing of the complaint case against the petitioner no.l for an offence u/S 325/34 and u/S 3( l)(x) of SC&ST (Prevention of Atrocities) Act I i i G I c~ ' ' !,': i,':' ~,, i'~ -r I ~,r, ----:--.., on the ground that the same was instituted on the basis of the complaint filed by the petitioner no.2/complainant.

9. Having regard to the facts of the case, I feel that as the petitioner no. 2/complainant and the petitioner no.1 have voluntarily arrived at a compromise, no useful purpose would be served by keeping the aforesaid complaint pending against the petitioner no.l.

10. Accordingly, the aforesaid complaint case bearing no.92/D/04 titled Chatter Singh Rachhoya Vs. Sajjan Kumar and Ors. and the consequent proceedings against the petitioner no.1 presently pending in the Court of Sh. Raj Kapoor, learned ASJ, Tis Hazari Courts, Delhi are quashed.

11. Parties to bear their own costs.

AUGUST 01, 2011 RN ~ V.K. SHALI,J ~ I ! "-' L r::,, I· >' i,. "' ' S! /• ' I I:: L'. I 1-:-; 1:'