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High Court of DelhiCRL.M.C./2306/2025

Bhupesh Kumar @ Bhupesh Sharma v. State Govt. Of NCT Of Delhi And ANR.

2025-05-07Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2306/2025 BHUPESH KUMAR @ BHUPESH SHARMA .....Petitioner Through:

Mr. Nishant Shokeen, Mr. Rahul Singh and Ms.

Sumita Singh, Advocates with petitioner in person.

Versus

STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr.Yudhvir Singh Chauhan, APP for the State with SI Ramavtar and WSI Jenifer, PS-Vasant Vihar. Mr. Yash Bhardwaj, Adv. for R2 with R2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.05.2025

1. The Petition under Section 528 of BNSS, 2023 has been filed on behalf of the Petitioners for quashing of FIR No. 100/2022 under Sections 279/427 IPC and Section 185 of the Motor Vehicles Act, 1988 registered with the Police Station Vasant Vihar.

2. It is submitted that the petitioner while driving his car bearing registration No. DL4CND6392 had inadvertently hit the car of the complainant/respondent No.2 i.e. his employer. On the complaint filed by the complainant, the present FIR was got registered at P.S.Vasant Vihar.

3. It is further submitted that due to intervention of the respected persons The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2025 at 14:23:23

of the society, the matter has been amicably settled and the petitioner and the respondent No. 2 have entered into a Memorandum of Settlement dated 02.04.2025, annexed with the petition as Annexure P/5. The quantum of damage has been stated to be covered by the insurance company in MACT.

4. The parties are present along with their counsels and the Investigating Officer. Petition has been signed by the petitioner and is supported by his affidavit. The parties have reaffirmed the terms of the Settlement dated 02.04.2025 and they also submit that the said Settlement has been arrived at between the parties, without any pressure and coercion.

5. Considering the totality of the circumstances, there is no fruitful purpose will be served in continuing with the FIR. It is a fit case for quashing the FIR and the proceedings emanating therefrom. Accordingly, FIR No. 100/2022 under Sections 279/427 IPC and Section 185 of the Motor Vehicles Act, 1988 registered with the Police Station Vasant Vihar and the proceedings emanating therefrom are hereby quashed, subject to payment of costs of Rs.7,000/- to the Delhi High Court Advocates' Welfare Trust within a period of one week.

6. The Petition is disposed of accordingly. Pending Applications, if any, also stand disposed of.

NEENA BANSAL KRISHNA, J MAY 7, 2025 NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2025 at 14:23:23