Balwan Singh v. State( NCT Of Delhi) & ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5240/2022 BALWAN SINGH ..... Petitioner Through:

Mr.Naman Gupta, Adv.

versus STATE( NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Shoaib Haider, APP SI Kunal Kumar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 26.02.2024 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.0373/2020 registered at Police Station: Sector 23, Dwarka, New Delhi, under Sections 279/337 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

The learned counsel for the petitioner submits that the parties have now amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 19.05.2022. 3.

The respondent no.2, who is present in person in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that he has settled all the disputes with the petitioner 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. 4.

I have perused the contents of the FIR and also the settlement between the parties.

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 29/02/2024 at 11:14:44

5.

The disputes between the parties arose out of a motor vehicular accident which led to the registration of the abovementioned FIR. The same have now been settled between the petitioner and the respondent no.2 vide Settlement Agreement dated 19.05.2022. 6.

As the disputes between the parties have been amicably settled between the parties by way of a settlement, 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 would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

7.

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.

8.

Accordingly, the petition is allowed. FIR No.0373/2020 registered at Police Station: Sector 23, Dwarka, New Delhi, under Sections 279/337 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J FEBRUARY 26, 2024/Arya/ss 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. The Order is downloaded from the DHC Server on 29/02/2024 at 11:14:44