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High Court of DelhiCRL.M.C./569/2024

Karan Kheterpal v. State (NCT Of Delhi) & ANR.

2024-01-24Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 569/2024 KARAN KHETERPAL ..... Petitioner Through:

Mr. Tarun Rana, Advocate versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with IO, P.S. Kishan Garh.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 24.01.2024 CRL.M.A. 2310/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 569/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioner seeking quashing of FIR bearing no. 235/2022, registered at Police Station Kishan Garh, Delhi, for offence punishable under Sections 279/338 of Indian Penal Code, 1860 („IPC‟) and Section 185 of Motor Vehicles Act, 1988 and all consequential proceedings emanating therefrom. 4.

Petitioner is present before this Court and has been identified by his counsel Mr. Tarun Rana and Investigating Officer (IO) from Police Station The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Kishan Garh, Delhi.

5.

Brief facts of the case are that on 01.05.2022, the respondent no. 2 (minor) had met with a road accident. In this regard, the police of Police Station Kishan Garh, Delhi registered an FIR bearing no. 235/2022 for the offences punishable under Sections 279/338 of IPC and Section 185 of Motor Vehicles Act. During the pendency of the case, father of respondent no.2 (minor) and petitioner herein has amicably settled the disputes before Delhi Mediation Centre, Patiala House Court, New Delhi vide Settlement Deed dated 20.12.2023 6.

On a query made by this Court, the father of respondent no.2 (minor) who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by the father of respondent no.2 (minor) that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Patiala House Court, New Delhi vide Settlement Deed dated 20.12.2023 entered into between them. It is further stated that he has no objection if the FIR is quashed.

7.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing no. 235/2022, registered at Police Station Kishan Garh, Delhi, for offence punishable under Sections 279/338 of IPC and all consequential proceedings emanating therefrom are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petition stands disposed of.

10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 24, 2024/zp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.