Atif Ur Rehman v. The State Govt Of NCT Of Delhi And ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21.05.2025 + ATIF UR REHMAN .....Petitioner Through:

Mr.

Chetan, Ms.

Deepika, Mohd. Zubair, and Mr. Iftkhar, Advs.

versus THE STATE GOVT OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjeev Bhandari, ASC for State with SI Pankaj Kumar, PS Jyoti Nagar.

Mr. Vijay Jyoti, Adv. for R-2 along with R-2.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 14069/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

3.

The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the petitioner seeking to quash

the FIR No. 214/2017 dated 01.07.2017 for the offences punishable under Sections 279/337 of the Indian Penal Code, 1860 registered at Police Station Jyoti Nagar ("subject FIR") and all the consequential proceedings arising therefrom.

4.

The learned counsel for the petitioner submits that the complainant/respondent no. 2 has lodged the subject FIR pursuant to an accident that occurred on 07.05.2017, wherein the respondent no. 2 was hit by a motorcycle allegedly driven by petitioner, resulting in simple injuries on the person of the respondent no. 2. He submits that the Chargesheet has been filed before the Trial Court and the trial is at the stage of prosecution evidence.

5.

The learned counsel further submits that during the pendency of trial, the parties were referred for the process of mediation before the Mediation Centre, Karkardooma Court, New Delhi. Consequently, the parties have arrived at a mutual agreement vide Mediation Settlement Agreement dated 22.04.2024 to settle the dispute persisting between them amicably.

6.

The present petition is premised on the aforesaid assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Mediation Settlement Agreement dated 22.04.2024 has been duly executed between the petitioner and the respondent no. 2. It is further submitted that, in terms of the said Settlement, the respondent no. 2 has agreed to cooperate with the petitioner to get the subject FIR quashed. Moreover,

the parties have undertaken that there is no other case, emanating out of the said incident, is pending before any other Judicial fora. As per the terms and conditions of the said Mediation Settlement, the petitioner has undertaken to give a compensation of Rs. 3,00,000/- respondent No. 2 in respect of all his claims. The said Mediation Settlement Agreement dated 22.04.2024 outlining the terms of settlement has been placed on record.

7.

Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 08.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his statement before the Joint Registrar (Judicial), has stated therein, that he has received the entire settlement amount of Rs. 3,00,000 in 2 instalments and has no objection if the subject FIR and all the proceedings emanating therefrom is quashed.

8.

Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

9.

The respondent no. 2, who is present in court, upon being queried, confirms that he has received the full amount of settlement as mentioned in the said Settlement Agreement in 2 instalments of 1,50,000/- each. Furthermore, no litigation remains pending between the parties and he has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed. 10.

In view of the foregoing, the learned counsel for the parties,

jointly pray for quashing of the subject FIR. 11.

The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.

12.

In view of these circumstances and in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.

13.

In conspectus of the above facts and the Mediation Settlement Agreement dated 22.04.2024, the subject FIR No. 214/2017 dated 01.07.2017 for the offences punishable under Sections 279/337 of the Indian Penal Code, 1860 registered at Police Station Jyoti Nagar and all consequential proceedings emanating therefrom, are hereby quashed.

14.

The present petition is, accordingly, disposed of, in the aforesaid terms.

SHALINDER KAUR, J MAY 21, 2025/ss/kp Click here to check corrigendum, if any