Bharat Yadav v. The State Govt Of NCT Of Delhi And ORS

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3277/2022 BHARAT YADAV ..... Petitioner Through:

Mr.Anish Shrestha, Adv.

versus THE STATE GOVT OF NCT OF DELHI AND ORS ..... Respondents Through:

Mr.Shoaib Haider, APP.

SI Sachin, PS Seemapuri.

Mr.Brijballabh Tiwari, Adv. for R-2 to R-4 (through VC).

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 01.04.2024 CRL.M.A. 13795/2022 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 3277/2022 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. 783/2015 registered at Police Station: Seemapuri, North East Delhi under Sections 279/337 of the Indian Penal Code, 1860 (in short, 'IPC') [Later on, Section 304A of the IPC, Sections 3/181, 5/181, 146/196 of the Motor Vehicles Act, 1988 (in short, 'MV Act') were also invoked] along with all other proceedings arising therefrom, on the basis of a settlement.

3.

The disputes between the parties arose out of a motor vehicular accident which led to the registration of the abovementioned FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The learned counsel for the petitioner submits that the disputes between the parties have now been amicably settled between the parties and they have entered into a Settlement Deed-CumMemorandum of Understanding dated 24.03.2022. The petitioner has paid a sum of Rs.3.50 lakhs out of which the remaining amount of Rs.25,000/- (through cheque) is being paid today by the counsel for the petitioner to the counsel for respondent nos.2 to 4, who are appearing through VC.

5.

The respondent nos.2 to 4, who are present in person in Court through VC and have been duly identified by the Investigating Officer (IO), reaffirm the abovementioned settlement and state that they have settled all the disputes with the petitioner of their own free will and without any coercion. The respondent nos.2 to 4 submit that they have no objection if the present FIR is quashed.

6.

I have perused the contents of the FIR and also the settlement between the parties.

7.

Keeping in view the fact that the complainants do not wish to pursue their complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and will be an unnecessary burden on the State exchequer.

8.

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 Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Ors. v. Bhajan Lal & Ors., 1992 Supp (1) SCC 335, 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.

9.

Accordingly, the petition is allowed. FIR No. 783/2015 registered at Police Station: Seemapuri, North East Delhi under Sections 279/304A of the IPC and Sections 3/181, 5/181, 146/196 of the MV Act, and all consequential proceedings emanating therefrom against the petitioner are quashed.

NAVIN CHAWLA, J APRIL 1, 2024/rv/RP 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.