Aditya Barwar v. State And ANR

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 632/2024 ADITYA BARWAR ..... Petitioner Through:

Mr.Kunal Manav and Mr.Puneet Jaiswal, Advs.

versus STATE AND ANR ..... Respondents Through:

Mr. Shoaib Haider, APP with SI Rajat Malik and HC Shri Om.

Mr.Jitender Singh, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.01.2024 CRL.M.A. 2641/2024 (exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 632/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0429/2022 registered at Police Station: Dwarka North, Delhi under Sections 279/338 of the Indian Penal Code, 1860 (in short, 'IPC') and Sections 146/196 of the Motor Vehicles Act, 1988 (in short, 'MV Act'), along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Pursuant to the investigation, the charge-sheet has been filed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

In the meantime, the parties, that is, the petitioner and the respondent no.2 have settled their inter se disputes before the Mediation Centre, Dwarka Courts, New Delhi vide Mediation Settlement dated 25.10.2023.

5.

The learned counsel for the petitioner, in terms of the settlement, has handed over Rs.1,00,000/- in cash to the respondent no.2, who is present in person in Court and has been duly identified by the learned counsel for the petitioner and the Investigating Officer (IO). She affirms the settlement and states that she has no objection to the FIR and consequential proceedings being quashed by this Court. 6.

In view of the above, and considering the Settlement arrived at between the parties, I find that no useful purpose will be served in continuing with the proceedings of the present FIR and it would be an unnecessary burden on the State exchequer. Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bimsinhbhai Karmur & Ors. v. State of Gujarat & Anr. (2017) 9 SCC 641; and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

7.

Accordingly, the petition is allowed. FIR No. 0429/2022 registered at Police Station: Dwarka North, Delhi under Sections 279/338 of the IPC and Sections 146/196 of the MV Act and all consequential proceedings emanating therefrom qua the petitioner are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed.

8.

The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 29, 2024/ns/am 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.