Jai Kishore @ Jai Prakash v. State NCT of Delhi & Anr.

1. The appellant has preferred the present appeal against the impugned judgment dated 02.12.2011 vide which he has been convicted under Section 135(1) of the Indian Evidence Act and order on sentence dated 09.12.2011 vide which he has been sentence to undergo SI for 1 ½ years along with fine of ₹ 2,82,945/- in default of fine he shall further undergo SI for 6 months. During the course of the arguments on 17.03.2023, it was stated by the learned counsel for the appellant as well as counsel for respondent no. 2 that there are chances of amicable settlement between the parties and they requested that the matter may be referred to mediation.

2. Accordingly, on 17.03.2023, the matter was referred to Delhi High Court Mediation and Conciliation Centre.

3. By virtue of mediation settlement dated 25.04.2023 the appellant and respondent no. 2 settled all their disputes and claims amicably. A copy of the said settlement has been placed on record. I CRL.A. 31/2012 have perused the mediation settlement and as per the mediation settlement respondent no. 2 has received its entire dues and as per Clause ‘E’ of the Settlement, respondent no. 2 agreed not to press any criminal liability against the appellant.

4. Since the matter has been settled amicably before the Delhi High Court Mediation and Conciliation Centre and the claims of respondent no. 2 have been settled, no useful purpose would be served by continuing with this appeal.

5. Therefore, this is a fit case where this Court deems it appropriate to allow the present appeal to be compounded taking into consideration the settlement between both the parties. Consequently, the judgment of conviction dated 02.12.2011 and order on sentence dated 09.12.2011 passed by learned ASJ, Saket is hereby set aside and the present appeal is allowed as compounded.

6. Since the sentence of the appellant is already suspended vide order dated 20.02.2013, bail bonds of the appellant are cancelled and sureties stand discharged.

7. With the aforesaid observations, the appeal stands disposed of.

RAJNISH BHATNAGAR, J MAY 17, 2023 p