Lakshay Singh & ANR. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6648/2019 & CRL.M.A. 43328/2019 LAKSHAY SINGH & ANR.

..... Petitioners Through:

Mr. Ajjay Aroraa, Adv.

versus STATE & ANR.

..... Respondents Through:

MR. Aashaa Tiwari, Learned APP for State with SI Vishal Tiwari, PS Vikas Puri.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.02.2020 The petitioners seek quashing of FIR No.219/2019 registered under sections 323/341/427/506/34 of the Indian Penal Code, 1860 at PS: Vikas Puri, New Delhi.

The genesis of the matter is stated to be an accident between two vehicles that led to a scuffle and descended into a fight, which resulted in the registration of the FIR. Both petitioners as also respondent No.2 are present in-person and are identified by the counsel for the petitioners and also by the Investigating Officer. The petitioners have placed on record a memo/letter dated 20.05.2019 comprising a settlement whereby respondent No.2 Siyaram Pal/complainant has recited the incident and accepted a settlement in the following words:

"It is submitted that I am a driver of Innova bearing No. HR 47D 7951. Lakshay, S/o Dharam Prakash, Address -

C/166, Vikas Puri by stopping my vehicle, damaged it on 20.05.2019 in the morning at 6.15 am and broke the windscreens without any issue. Now father of Lakshay has given me Rs. 16,500/- to get the vehicle repaired and in this regard, I will make the statement in the Court. I have settled my matter with you and I am giving one photocopy of it to you."

Respondent No.2 who is present in-person confirms that he has written the above memo/letter; that he has received the sum of Rs.16,500/- stated therein and that he has no objection if the proceedings in the matter are quashed.

Learned APP for the State confirms that all offences alleged against the petitioners are compoundable.

Evidently, the matter arose from an accident which resulted in the filing of an FIR, which dispute has since been settled between the parties. Affidavits of the petitioners have been filed alongwith the petition. Respondent No.2/ complainant has confirmed the settlement as above.

In this view of the matter, I do not see any impediment in accepting the settlement and quashing the FIR. Accordingly, FIR No.219/2019 registered under Sections 323/341/427/506/34 IPC at PS: Vikas Puri, New Delhi and all proceedings emanating from it are hereby quashed.

The petition alongwith any pending applications, are disposed of.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 27, 2020/vm