Chhavi Nath & ANR. v. State Govt Of NCT Of Delhi & ANR.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 705/2025 CHHAVI NATH & ANR.
.....Petitioners Through:
Mr. Tarun Gautam, Adv. Along with the petitioners in person.
versus STATE GOVT OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Pradeep Gahalot, APP for the State.
SI Sunil, PS GTB Enclave and ASI Trilok, PS CAW Cell.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 08.07.2025 1.
This hearing has been done through hybrid mode. CRL.M.A. 3413/2025 (exemption) 2.
Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 705/2025 3.
The present petition under Section 528 of the BNSS has been filed seeking quashing of FIR No. 0022/2020, under Sections 279/337/338 of the IPC, registered as P.S. GTB Enclave and all the other consequential proceedings emanating therefrom including the chargesheet filed and pending before the Court of Ms.Sanghmitra, learned JMFC, Shahdara Distt., Karkardooma Courts, Delhi. The chargesheet in the present FIR was filed under Sections 279/337/338 of the IPC and Sections 146/196 of the Motor The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Vehicles Act, 1988.
4.
Learned counsel for the petitioners submits that the present FIR was registered on account of road accident in which respondent no.2 sustained injuries. It is further submitted that the parties have since compromised their disputes vide MoU dated 30.11.2021, and in pursuance of the same, the present petition has been filed seeking the quashing of the present FIR along with chargesheet.
5.
Copy of MoU dated 30.11.2021, arrived at between the parties at Delhi Mediation Centre, Karkardooma Courts, Delhi, has been placed on record, wherein it has been recorded that the matter between the parties has been settled and they will cooperate with each other in quashing of the present FIR. As per the said settlement deed, petitioners shall pay a total sum of Rs. 80,000/- to the respondent no. 2, out of the total settlement amount 60,000/- has already been paid and remaining amount of Rs.20,000/- has been paid to the respondent no. 2 in the Court today.
6.
Petitioner nos. 1 and 2 and respondent no. 2 are present before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Sunil, PS GTB Enclave. 7.
The Complainant/respondent No.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed against the petitioners. He further states that all the terms of the settlement have been complied with.
8.
Learned APP for the State submits that investigation in the present FIR has been completed and the chargesheet has been filed is pending before the Court of competent jurisdiction.
9.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." 10.
In view of the aforesaid circumstances, and that fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0022/2020, under Sections 279/337/338 of the IPC and Sections 146/196 of the Motor Vehicles Act, 1988, registered as P.S. GTB Enclave and all the other consequential proceedings emanating therefrom including the chargesheet filed and pending before the Court of Ms. Sanghmitra, learned JMFC, Shahdara Distt., Karkardooma Courts, Delhi. 11.
In the interest of justice, the petition is allowed, and the FIR No. 0022/2020, under Sections 279/337/338 of the IPC and Sections 146/196 of the Motor Vehicles Act, 1988, registered as P.S. GTB Enclave and all the other consequential proceedings emanating therefrom including the chargesheet filed and pending before the Court of Ms. Sanghmitra, learned JMFC, Shahdara Distt., Karkardooma Courts, Delhi, is hereby quashed. 12.
The present petition is allowed and disposed of accordingly. 13.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 08, 2025/kr 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.