Rajan Batra v. State (Govt Of NCT Of Delhi) & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5079/2024 RAJAN BATRA .....Petitioner Through: Mr.Madhu Sudan Bhayana, Mr.Suresh Chaudhari, Mr.Madhav, Mr.Pradhuman, Ms.Mansi, Mr.Naveen, Mr.Deepanshu, Mr.Arihant Jaina and Mr.Udaiveer, Advocates with petitioner in person versus STATE (GOVT OF NCT OF DELHI) & ANR.

.....Respondents Through: Mr. Laksh Khanna, APP for State with SI Vivek Kumar Mr.Mohd. Aakil and Mr.Deepak Jain, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.09.2024 1.

The present petition has been filed seeking quashing of FIR No.219/2022 registered under Sections 279/338 IPC at P.S. Gandhi Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner's car collided with the respondent No.2's E-Rickshaw causing the respondent No.2 injuries.

3.

Learned APP for the State submits that in the present case, the petitioner is the only accused and respondent No.2 is the complainant/victim. He, on instructions, submits that charge-sheet has been filed in the present FIR. He further submits that though the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compromised, some cost may be imposed upon the petitioner since the State machinery has been put in motion, and the allegations were of grave nature. 4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Deed dated 26.02.2024, a copy of which has been placed on record. In terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioner. 5.

The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No.2 states that he has received an amount of Rs.1,25,000/- towards the full and final settlement and that he has entered into the aforesaid Settlement Deed out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed. 7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements and undertaking made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.5,000/- by the petitioner, to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four weeks from today. The amount so The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. In case the receipt of payment of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application. 11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. MANOJ KUMAR OHRI, J SEPTEMBER 23, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.