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High Court of DelhiCRL.M.C./4367/2025

Aakash v. The State NCT Of Delhi And ANR

2025-07-07Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4367/2025 AAKASH .....Petitioner Through:

Mr. H.K. Bhariwal, Mr. R.S. Rathi, Advocates along with petitioner-inperson.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Rajkumar, APP for the State.

Ms. Jigyasa Rathi, Advocate for R-2 along with R-2.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.07.2025 CRL.M.A. 18996/2025 & CRL.M.A. 18997/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Applications stand disposed of.

CRL.M.C. 4367/2025 3.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 78/2021, registered at Police Station SB Dairy, Delhi for the commission of offence punishable under Sections 279/338 of the Bharatiya Nyaya Sanhita, 2023 (hereafter 'BNS').

4.

The petitioner and respondent no. 2 have appeared before this Court in person. They have been identified by their counsels and concerned Investigating Officer (IO) from Police Station SB Dairy, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Briefly stated, facts of the present case are that on 27.02.2021, the son of respondent no. 2/complainant named Master Aditya was playing outside his home and had met with an accident with the Vehicle No. HR-26DP-6892 which was driven by the petitioner herein. It is stated that due to the said accident, the son of respondent no. 2 had received injuries and got admitted in Divyansh Hospital Prahladpur, Delhi. Pursuant to which the present FIR was registered. It is stated that with the intervention of the relatives, respectable persons of the society, both the parties have amicably settled the present matter vide Memorandum of Understanding dated 25.06.2025. 6.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that he has no objection if the present FIR is quashed. 7.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing no. 78/2021, registered at Police Station SB Dairy, Delhi for the commission of offence punishable under Sections 279/338 of BNS and all consequential proceedings emanating therefrom are quashed.

9.

In view of the above, the present petition stands disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 07, 2025/zp 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.