Ravinder Singh Bhati v. State (N.C.T Of Delhi). & ANR.
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4788/2024 RAVINDER SINGH BHATI ..... Petitioner Through:
Counsel (Appearance not given) versus STATE (N.C.T OF DELHI) & ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP with SI Akshay.
Complainant in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 31.05.2024 CRL.M.A. 17917/2024 (exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 4788/2024 1.
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.19/2018 registered at Police Station: Safdarjung Enclave, South District, Delhi, under Sections 279/338 of the Indian Penal Code, 1860 (in short, 'IPC') and Sections 39/192/146/196 of the Motor Vehicles Act, 1988 along with all other proceedings arising therefrom, on the basis of a settlement.
2.
Issue Notice.
3.
Notice has been accepted by Mr.Shoaib Haider, learned APP. 4.
The learned counsel for the petitioner submits that the disputes between the parties arose out of an unfortunate motor vehicular The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
accident. He submits that the parties have now amicably settled their inter se disputes and have entered into a Settlement Deed dated 03.08.2023.
5.
The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the 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 he has 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 present FIR is an offshoot of a motor vehicular accident and the fact that the disputes between the parties have been amicably settled between the petitioner and respondent no.2, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it 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 & 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Accordingly, the petition is allowed. FIR No.19/2018 registered at Police Station: Safdarjung Enclave, South District, Delhi, under Sections 279/338 of the IPC and Sections 39/192/146/196 of the Motor Vehicles Act, 1988 and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.35,000/- with "The Blind Relief Association, Delhi" State Bank of India, IOC Branch, Lodhi Road, New Delhi, Account No.30003044419, IFSC Code: SBIN0006564, within a period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period. NAVIN CHAWLA, J MAY 31, 2024 RN 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.