Twinkle Sharma v. State Through Standing Counsel & ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5720/2024 & CRL.M.A. 21841/2024 TWINKLE SHARMA .....Petitioner Through:

Mr. Akash Chauhan, Mr. Sachin Tanwar, Mr. D K Gupta, Mr. H S Bisht, Mr. Gaurav Arya & Mr.

Sandeep Jakhar, Advocates versus STATE THROUGH STANDING COUNSEL & ANR.

.....Respondents Through:

Mr Hitesh Vali, APP for the State with Mr. Deepankar Kataria, Adv.

with SI Pankaj Kumar & SI Sachin Kumar, PS Hazrat Nizamuddin R-2/complainant in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 26.07.2024 1.

This petition is filed seeking quashing of FIR No.182/2021 under Sections 279/338 IPC at PS Hazrat Nizamuddin, on the basis of settlement arrived at between the parties on 15th July 2024, with the facilitation of Mediation Centre, Saket Courts; which is on record of this Court. 2.

Petitioner is present through VC since she is currently studying and residing in U.K.; respondent no.2/complainant is present in the Court; both of them are duly identified by the IO.

3.

As per the settlement, an amount of Rs.1,55,000/- was be paid by accused and the balance amount of Rs.45,000/- has been paid today to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2 in the Court today, which respondent no.2 acknowledges, who is present in the Court.

4.

On query to respondent no.2, he states that he is satisfied with the settlement and does not wish to pursue these proceedings any further and has no objection to quashing of the FIR, in view of settlement arrived at with the petitioner.

5.

Petitioner, who has joined proceedings through video conferencing from U.K., undertakes to assist in community service on her return to India, in order to help victims of road-accidents, and to assist in issues relating to road safety.

6.

APP for the State however, objects to quashing on the basis of nature of accident and injury caused to the respondent no.2. However, in opinion of this Court, in facts and circumstances as noted above, the petition is allowed.

7.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.182/2021 under Sections 279/338 IPC at PS Hazrat Nizamuddin and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

Accordingly, the petition is disposed of along with the pending application.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 26, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.