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High Court of DelhiCRL.M.C./3611/2022

Ms Pidaparthi Snigdha v. State Of NCT Of Delhi & ANR.

2024-05-02Hon'Ble Mr. Justice Navin Chawla3 pages

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3611/2022 MS PIDAPARTHI SNIGDHA ..... Petitioner Through:

Mr.Aditya Singla, Ms.Supriya Juneja & Ms.Ketaki Goswami, Advs.

Petitioner present in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP.

SI Nirankar Nagar, PS Defence Colony.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 02.05.2024 CRL.M.A. 13404/2024 1.

This is an application filed by the petitioner seeking to place on record certain additional documents.

2.

Having perused the contents of the application, the same is allowed and the additional documents are taken on record. CRL.M.C. 3611/2022 3.

With the consent of the parties, the matter is taken up for hearing today.

4.

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. 0220/2017 registered at Police Station: Defence Colony, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

South Delhi under Sections 279/338 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

5.

The disputes between the parties arose out of a motor vehicular accident which led to the registration of the abovementioned FIR. 6.

The learned counsel for the petitioner submits that the disputes between the parties have now been amicably settled between the parties, that is, the petitioner and respondent no.2 and a Settlement Agreement vide Settlement Agreement dated 09.04.2024 has been executed between the parties before the Delhi High Court Mediation and Conciliation Centre. The learned counsel for the petitioner submits that the said settlement shall have no effect on the claim of the respondent no.2 before the learned Motor Accidents Claim Tribunal. 7.

The learned counsel for the petitioner has also handed over a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the respondent no.2.

8.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that he has settled all the disputes with the petitioner out of his own free will and without any coercion. The respondent no.2 submits that there is no objection if the present FIR is quashed.

9.

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

10.

Keeping in view the fact that the complainant does not wish to pursue his complaint any further, as also the Settlement arrived at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

11.

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 & 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.

12.

Accordingly, the petition is allowed. FIR No. 0220/2017 registered at Police Station: Defence Colony, South Delhi under Sections 279/338 of the IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed. 13.

The next date of hearing shall stand cancelled. NAVIN CHAWLA, J MAY 2, 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.