Ms. Lavanya Anand v. State (Govt. Of NCT Of Delhi) & ANR.
$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MS. LAVANYA ANAND .....Petitioner Through:
Ms.Nikita Dewan, Mr. Shashank Dewan, Advocates with Petitioner-inperson versus STATE (GOVT. OF NCT OF DELHI) & ANR ......Respondents Through:
Mr. Shoaib Haider, APP for the State ASI Sunil Kumar, PS Hauz Khas Mr.
Akshay Singh, Adv.
For Complainant with Complainant-inperson (through video-conferencing)
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 10.07.2024 CRL.M.A. 19865/2024 (Exemption) Allowed, subject to all just exceptions.
1.
The Petitioner has approached this Court by filing the instant petition under Section 482 CrPC for quashing of FIR No.347/2023 dated 22.08.2023 registered at Police Station Hauz Khas for an offence under Section 279 IPC.
2.
The facts of the case reveal that the FIR was lodged at the instance of Respondent No.2 herein. The FIR was registered against the Petitioner on the ground that she hit and damaged the parked vehicles of Respondent No.2 with her speeding car.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The present petition has been filed on the ground that the parties have amicably settled the matter. A copy of the settlement deed dated 03.07.2024 has been placed on record along with the petition as Annexure P-3. 4.
The Complainant/Respondent No.2 has also filed an affidavit affirming the fact that the disputes and the grievances of the Complainant against the Petitioner in the abovementioned FIR stands settled. It is also stated that the Complainant does not have any objection if the present FIR against the Petitioner is quashed as he has already settled the dispute with the Petitioner.
5.
The Petitioner is present in Court. The Complainant/Respondent No.2 has joined the proceedings through video-conferencing and he has been identified by the Investigating Officer. The Complainant/Respondent No.2 states that he has received the entire amount of settlement and he has settled all the disputes with the Petitioner out of his own free will, without pressure, coercion or undue influence and states that he does not want to pursue the present case any further. He requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement and the proceedings recorded before this Court.
6.
The Petitioner is a student pursuing graduation in B.A. (Psychology) from Amity University, Noida. The Petitioner shows her remorse and submits that she will be careful in future while driving. Considering the future of the Petitioner and considering the fact that the parties have amicably settled the matter and the entire amount of settlement has been paid by the Petitioner and in view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of Punjab, (2012) 10 SCC 303, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, FIR No.347/2023 dated 22.08.2023 registered at Police Station Hauz Khas for an offence under Section 279 IPC and the proceedings emanating therefrom, are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court. 7.
The petition stands disposed of in above terms along with all the pending application(s), if any.
SUBRAMONIUM PRASAD, J JULY 10, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.