New Delhi [India], August 12 : The Delhi High Court on Monday sought an affidavit from the son of the deceased, Rajendra Singh, who committed suicide in 2020. One of the convicts, Kapil Nagar, has moved the High Court seeking a direction to set aside the conviction on the ground that he has arrived at a settlement with the deceased's son.
The trial court had convicted the three accused, including former AAP MLA Prakash Jarwal.
Justice Amit Mahajan on Monday asked Hemant Singh, son of deceased Rajendra Singh, to file an affidavit within 10 days mentioning that he has agreed upon a settlement with the petitioner/Convict Kapil Nagar.
The matter has been listed for August 26.
Senior advocate N Hariharan appeared for Kapil Nagar and submitted that the son of the deceased has arrived at a settlement with two convicts, Harish Jarwal and Kapil Nagar.
The High Court has already set aside the conviction of Harish Jarwal on August 30, 2024, on the ground of settlement, a senior advocate added.
It was further submitted that a sting operation, Kalapani, was done by a national news channel, exposing the deceased. The tape of the sting operation was part of the charge sheet. The trial court had not considered the sting operation tape.
However, the trial court considered the diary of the deceased, which mentioned that the convicts were pressurising him, the senior advocate submitted.
He also submitted that the son of the deceased had specifically mentioned that the convicts did not threaten his father.
The court said that the roles and convictions of both Harish Jarwal and Kapil Nagar are different. There are allegations that the petitioner threatened the deceased.
Earlier last year, Harish Jarwal had challenged the judgment of February 28, 2024, passed by the Rouse Avenue Court.
He was convicted for the offence under Section 506 (Criminal Intimidation) of the IPC, and the same is compoundable at the instance of the person so intimidated.
The High Court had allowed the petition and set aside the judgment of conviction of February 28, 2024, to the extent of the petitioner's conviction, subject to payment of a total cost of Rs 30,000 by the petitioner, to be deposited with the Delhi Police Welfare Society, within a period of eight weeks from Monday.
The High Court had said that since the state machinery has been put to motion and the settlement has arrived at such a belated stage, ends of justice would be served if the petitioner is put to the cost.
An FIR was registered at Police Station Neb Sarai in 2020 in this case.
In this case, AAP MLA Prakash Jarwal, Kapil Nagar and Harish Jarwal were convicted on February 28, 2024.