Aditya Vikram Chhajer v. The State NCT Of Delhi & ANR. & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6647/2022 & CRL.M.A. 25903/2022 ADITYA VIKRAM CHHAJER ..... Petitioner Through:

Mr.Aditya Swarup Agarwal, Adv. with petitioner in person versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP with ASI Bijay Sharma.

Ms.Garima Sachdeva, Ms.Divyanshi Maurya, Advs.

for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 14.02.2024 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.221/2019 registered at Police Station: Sarai Rohilla, North, 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.

It is submitted that the Supplementary Charge-Sheet has been filed adding Section 304A of the IPC as the inured has unfortunately died as a result of the accident.

3.

Issue notice.

4.

Notice is accepted by Ms.Priyanka Dalal, the learned APP for the State and by Ms.Garima Sachdeva, Advocate on behalf of the 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.

5.

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 07.12.2022.

6.

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 she has settled all the disputes with the petitioner of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

7.

The learned counsel for the petitioner hands over a Demand Draft of Rs.3,02,000/- to the respondent no.2 in Court. 8.

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

9.

As the disputes between the parties arose out of a road accident, and now the same have been amicably settled pursuant to the 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 will be an unnecessary burden on the State exchequer.

10.

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

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.

11.

Accordingly, the petition is allowed. FIR No.221/2019 registered at Police Station: Sarai Rohilla, New Delhi, under Sections 279/337/304-A of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. 12.

The pending application is also disposed of.

NAVIN CHAWLA, J FEBRUARY 14, 2024/Arya/RP 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.