Satender Kumar Yadav v. State NCT Of Delhi And ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4336/2024 & CRL.M.A. 16471/2024 (Exemption) SATENDER KUMAR YADAV ..... Petitioner Through:

Mr. Prince Arora, Mr. Sanchit Arora and Mr. Deepak Sharma, Advocate alongwith petitioner in person.

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

Mr. Sunil Kumar Gautam, APP for the State.

W/SI Vineesha, PS Sarojini Nagar.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 27.05.2024 1.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 436/2021, under Sections 279/337 of the IPC, registered at P.S. Sarojini Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Sh. Vaibhav Kumar, learned Metropolitan Magistrate, Patiala House Courts, Delhi. 2.

Learned counsel appearing on behalf of the petitioner submits that during the course of the aforesaid proceedings parties have entered into settlement agreement dated 03.05.2024 before the Delhi Mediation Centre, Patiala House Courts, New Delhi and in pursuance of the same petitioner has agreed to pay an amount of Rs. 50,000/- to the respondent no.2. The copy of the aforesaid settlement deed dated 03.05.2024 is on record (Annexure P-3). Further, as per the settlement deed, an amount of Rs. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

25,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 25,000/- has been paid to him today, in cash. Further respondent no. 2 has been awarded compensation of Rs. 2,00,000/- in the proceedings before the Motor Accident Claims Tribunal.

3.

Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, W/SI Vineesha, PS Sarojini Nagar.

4.

The complainant/respondent No.2 states that the matter has been settled with the petitioner and he has no objection if the FIR is quashed. He further states that all the terms of the agreement have been complied with. 5.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 6.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

7.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 436/2021, under Sections 279/337 of the IPC, registered at P.S. Sarojini Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the court of Sh. Vaibhav Kumar, learned Metropolitan Magistrate, Patiala House Courts, Delhi.

8.

In the interest of justice, the petition is allowed, and the FIR No. 436/2021, under Sections 279/337 of the IPC, registered at P.S. Sarojini Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Sh. Vaibhav Kumar, learned Metropolitan Magistrate, Patiala House Courts, Delhi, is hereby quashed.

9.

Petition is allowed and disposed of accordingly. 10.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 27, 2024/sn 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.