Rajiv Khanna v. State NCT Of Delhi And ANR

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15.07.2025 + CRL.M.C. 4578/2025, CRL.M.A. 19926/2025 & CRL.M.A. 19927/2025 RAJIV KHANNA .....Petitioner Through:

Mr. Virender Goswami and Ms. Swati Goswami, Advocates.

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

Mr. Nawal Kishore Jha, APP for State with ASI Parveen CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1.

The petitioner seeks quashing of FIR No. 278/2023 of PS Greater Kailash for offences under Section 279/337 IPC on the ground that the complainant de facto (respondent no.2) has settled the criminal case with the petitioner. Respondent no.2 is present in court and identified by IO/ASI Parveen. Learned APP for State and respondent no.2 in person accept notice. 2.

It appears from prosecution case that the petitioner while driving his vehicle allegedly in rash and negligent manner hit respondent no.2, causing him simple hurt. Now, they have settled the criminal case. Looking into the age and physical condition of respondent no.2, it would be onerous on him CRL.M.C. 4578/2025 Page 1 of 2 pages KATHPALIA Date: 2025.07.15 17:22:08 +05'30'

GIRISH KATHPALIA By:NEETU N NAIR 18:24:42

to adjourn the matter for recording formal statement before the Joint Registrar. As such, I have personally spoken with petitioner as well as respondent no.2.

3.

The parties had arrived at a settlement before the Mediation Centre on 04.06.2025 and in accordance with the settlement, the petitioner has paid today, a sum of Rs.40,000/- to respondent no.2 by way of two demand drafts of equal amount towards full and final settlement of the criminal case. 4.

Respondent no.2 submits that the claim filed by him before the Motor Accident Claims Tribunal shall continue further and the present settlement deals only with the criminal case. Petitioner present in court affirms this. Respondent no.2 submits that he does not wish to pursue the prosecution of petitioner. Learned APP for State also has no objection to this petition. 5.

Considering the above circumstances, I am satisfied that it would be in the interest of justice, not to push the parties through trial. Therefore, the petition is allowed and FIR No. 278/2023 of PS Greater Kailash for offences under Section 279/337 IPC and proceedings arising out of the same are quashed. Accompanying applications also stand disposed of. GIRISH KATHPALIA Date: 2025.07.15 17:21:43 +05'30'

GIRISH KATHPALIA GIRISH KATHPALIA (JUDGE) JULY 15, 2025/ry CRL.M.C. 4578/2025 Page 2 of 2 pages By:NEETU N NAIR 18:24:42