Satish v. State NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2776/2023 SATISH .....Petitioner Through:

Mr. Rajneesh Bhaskar and Mr. Rachit Raushan, Advocates versus STATE NCT OF DELHI .....Respondent Through:

Mr. Amol Sinha, ASC for the State with ASI Mohan MACT

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 29.08.2024 1.

The present Petition under Article 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed seeking quashing of FIR No. 388/2022 registered at Police Station Ranjit Nagar, Delhi for offences punishable under Sections 279/338/304A IPC of the Indian Penal Code, 1860 ('IPC'). 2.

Issue notice. Learned ASC accepts notice on behalf of the State. 3.

The No Objection Affidavits filed on behalf of the respondent No. 2 to 6 have been filed but are lying under objection. The copies of the same have been filed and are taken on record.

4.

The present Petition has been filed in regard to the terms of Settlement arrived at between the parties before the MACT Court wherein all the respondents have given their statements in the Court on 22.08.2022. The Settlement Award dated 22.08.2022 has also been passed and the statements in the awards have been categorically recorded. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2024 at 11:59:02

5.

A request for quashing of the FIR has been made on account of the Settlement inter se the parties. In view of the settlement, the present Petition has been filed.

6.

The respondent No. 2 has already accepted the compensation amount. The respondent No. 3, 4 and 5 are the parents and the wife of the deceased Mr. Dinesh Kumar Singh and have also received the compensation amount from the MACT court.

7.

The parties are present in the Court in person and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. 8.

Today, the complainant who is present in Court states that he has received all the amounts due to him and has no objection, if the FIR is quashed.

9.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

10.

Accordingly FIR No. 388/2022 registered at Police Station Ranjit Nagar, Delhi for offences punishable under Sections 279/338/304A IPC of the Indian Penal Code, 1860 ('IPC')and all consequential proceedings emanating therefrom are quashed.

11.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 29, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2024 at 11:59:02