Mukund Beriwal v. State Govt Of NCT Delhi & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 413/2024 MUKUND BERIWAL ..... Petitioner Through:

Mr. Anil Kumar, Advocate with petitioner in person.

versus STATE GOVT OF NCT DELHI & ANR.

..... Respondents Through:

Mr Raj Kumar, APP for the State with IO/ASI Yogeshwar, P.S. Delhi Cantt.

Mr. N.S. Chechi and Mr. Virendra Kumar Singh, Advocates for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 08.02.2024 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.374/2023, under Sections 279/337 IPC registered at Police Station Delhi Cantt. and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

Issue notice. The learned APP for the State accepts notice. He submits that since parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petitioner as well as respondent no.2/complainant are present in the Court and they have been identified by their respective counsel and by the Investigating Officer ASI Yogeshwar, P.S. Delhi Cantt. 4.

The case of the prosecution is that on 26.11.2023 while the petitioner was going towards his home, he met with an accident and the respondent no.2, who was on his bike, got injured. Following this, the petitioner took the respondent no.2 to the hospital but thereafter, the aforesaid FIR came to be registered.

5.

During the pendency of the proceedings, the parties have arrived at a settlement. The learned counsel appearing on behalf of the petitioner submits that the some of the expenses incurred by the respondent no.2 on his medication has already been reimbursed by the petitioner to respondent no.2, which position is not disputed by the learned counsel for respondent no.2, on instructions from respondent no.2, who is present in Court. 6.

The present petition is also supported by the affidavit of respondent no.2 wherein it has been mentioned that respondent no.2 has no objection in case the aforesaid FIR is quashed. The said position is also affirmed by the respondent no.2, who is present in Court.

7.

Considering the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

8.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 9.

Consequently, the petition is allowed and the of FIR No.374/2023, under Sections 279/337 IPC, registered at Police Station Delhi Cantt., alongwith all other proceedings emanating therefrom, is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition stands disposed of in the above terms. 11.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 8, 2024/kct The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.