Arvind Rawat v. The State NCT Of Delhi And ORS.
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4527/2024 & CRL.M.A. 17050/2024 ARVIND RAWAT ..... Petitioner Through:
Petitioner with his counsel Mr. M.
Hussain, Adv.
versus THE STATE NCT OF DELHI AND ORS.
..... Respondents Through:
Mr. Naresh Kumar Chahar, APP for the State with Mr. Keshav Sharma, Ms. Sorya Joshi, Ms. Latika Rungta Bajaj, Advs.along with SI Parveen Rathee, P.S. South Avenue, New Delhi and SI Ishwar Singh, P.S.
Tuglak Road.
R-2 & R-3 in person with their counsel Mr. Kamal Katyan, Ms.
Sapna Nirwan and Mr.
Rajesh Katyan, Advs. for R-2 and R-3.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 29.05.2024 1.
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner praying for quashing of FIR bearing No. 12/2023 registered at Police Station South Avenue, New Delhi for offences punishable under Sections 279/337/338 of the Indian Penal Code, 1860 ('IPC').
2.
Issue notice. Mr. Naresh Kumar Chahar, learned APP appearing on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
behalf of the State accepts notice and Mr. Kamal Katyan, Advocate accepts notice on behalf of respondents No. 2 and 3.
3.
Brief facts of the present case are that on 28.7.2023 at about 10.35 P.M. (Night) when the petitioner was going to his house, an accident had taken place between his car and the car which was being driven by the respondent no.3. In the said accident, the respondent No. 2 received the grievous injuries whereas respondent no.3 received simple injuries. It is stated that both the cars were also got damaged and the injured were taken to the hospital where they were given treatment. The present FIR was got registered on the complaint of respondent No. 2. It is further submitted that the parties have settled the matter before the Lok Adalat held on 11.05.2024 at Patiala House Court Complex, New Delhi. Hence, the present petition has been filed.
4.
The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 5.
On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that he has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties for a sum of Rs.8,50,000/- out of which Rs.5,00,000/- already stands paid to respondent No. 2. Balance sum of Rs.3,00,000/- has been paid today to the learned counsel for the complainant in Court today vide Account Payee Cheque No. 288174 dated 24.05.2024. This fact has been brought to the notice of respondent No. 2 who is present through V.C. and she states that she has no objection to the same. Respondent no. 2 further states that she has no objection if FIR may be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashed.
6.
In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 7.
Accordingly, FIR bearing No. 12/2023 registered at Police Station South Avenue, New Delhi for offences punishable under Sections 279/337/338 of the IPC and all consequential proceedings emanating therefrom are quashed.
8.
The petition stands disposed of.
9.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 29, 2024/A 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.