Ajay Chanana v. State & ANR

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 485/2018 AJAY CHANANA ..... Petitioner Through:

Mr. S.P. Verma, Adv. with petitioner in person.

versus STATE & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP with SI Ankur, P.S. Punjabi Bagh.

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

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.01.2018 While respondent no.2 was crossing the road a car, driven by the petitioner, hit him resulting injuries to him, consequently, FIR No. 425/16 under Sections 279/337 IPC was registered at police station Punjabi Bagh regarding this incident. Since respondent no.2 sustained fracture in his legs injury was opined as grievous, accordingly, offence under Section 337 IPC was converted into Section 338 IPC. Offence under Sections 186/196 of the Motor Vehicle Act, 1988 was also added in the charge-sheet. It is submitted that petitioner and respondent no. 2 have settled the matter amicably during the proceedings before the MACT on 22nd July, 2017. Respondent no.2, who is present along with his counsel, says that he

has already received entire settled amount of `1.40 lacs from the petitioner and has no objection in case the FIR is quashed. Keeping in view the settlement arrived at between the petitioner and respondent no.2 voluntarily before the MACT, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to however costs of `15,000/- to be paid by the petitioner with the Bar Council of Delhi Advocates Welfare Fund within two weeks. Receipt, evidencing deposit of costs, be handed over to the Investigating Officer.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

JANUARY 31, 2018 ga