Ajay Bansal v. State & ORS

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4186/2019 & Crl.M.A.34271/2019 AJAY BANSAL ..... Petitioner Through:

Ms. Shreya Rao, Adv. with the petitioner in person versus STATE & ORS .... Respondents Through:

Mr. Ashok Kumar Garg, APP with SI Bijender, PS Shalimar Bagh, Delhi Ms. Nishima Arora, Adv. for R-2 & 3 with R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.08.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the learned counsel for the respondent Nos.2 and 3. 3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1100/2014, under Section 279 of the Indian Penal Code, 1860 and Sections 3/181 of the Motor Vehicles Act, 1988, registered at P.S.: Shalimar Bagh, Delhi and the proceedings emanating therefrom. 4.

The petitioner and respondent Nos.2 and 3 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion as is evident from the order dated 11.2.2019.

5.

Respondent Nos.2 and 3, who are present in Court, have

reiterated the aforesaid facts and submitted that the petitioner has already paid the entire amount to them and now nothing remains due from the petitioner. Respondent Nos.2 and 3 further submitted that, they have no objection to the petition being allowed and the FIR being quashed.

6.

Learned counsel for the petitioner submitted that in view of the no objection from the respondent Nos.2 and 3, the present petition may be allowed and the FIR may be quashed.

7.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent Nos.2 and 3 and has also verified the settlement arrived at between the parties. 8.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.15,000/- for some social beneficial cause in any trust or association. 9.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.1100/2014, under Section 279 of the Indian Penal Code, 1860 and Sections 3/181 of the Motor Vehicles Act, 1988, registered at P.S.: Shalimar Bagh, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.15,000/- to be paid by the petitioner within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- in the Delhi High Court Staff Welfare

Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and receipts of the deposits be filed in the Registry within 21 days. Copy of the receipts shall also be handed over to the APP through the I.O. within 21 days. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

10.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J AUGUST 27, 2019/rk