Sanjay Kumar Arora v. State And ORS

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6892/2022 SANJAY KUMAR ARORA ..... Petitioner Through:

Mr.Ajit Singh & Mr.Neeraj Singh, Advs.

Petitioner present in person.

versus STATE AND ORS ..... Respondents Through:

Mr.Shoaib Haider, APP.

SI Rahul Kumar, PS Vivek Vihar.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.03.2024 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. 568/2017 registered at Police Station: Vivek Vihar, Shahdara District, Delhi under Sections 279/337 of the Indian Penal Code, 1860 (in short, 'IPC') [Later on, Section 338 of the IPC and Sections 32/177, 146/196 of the Motor Vehicles Act, 1988 (in short, 'MV Act') were also invoked] along with all other proceedings arising therefrom, on the basis of a settlement.

2.

The disputes between the parties arose out of a motor vehicular accident which led to the registration of the abovementioned FIR. 3.

The learned counsel for the petitioner submits that the disputes The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

between the parties have now been amicably settled between the parties and they have entered into a Settlement Agreement dated 16.11.2019 before the Delhi Mediation Centre, Karkardooma Courts, Delhi. He further submits that the petitioner has also made all the payments in terms of the above-mentioned settlement agreement. He submits that all the complainants have filed their affidavits giving no objection, in support of the present petition. 4.

The respondent no.2, who is present in person in Court today and has been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that the complainants are family members and they have settled all the disputes with the petitioner of their own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.

5.

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

6.

Keeping in view the fact that the complainants do not wish to pursue their complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and will be an unnecessary burden on the State exchequer.

7.

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

Ors. v. Bhajan Lal & Ors., 1992 Supp (1) SCC 335, this Court deems it 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.

8.

Accordingly, the petition is allowed. FIR No. 568/2017 registered at Police Station: Vivek Vihar, Shahdara District, Delhi under Sections 279/337/338 of the IPC and Sections 32/177, 146/196 of the MV Act, and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J MARCH 20, 2024/rv/AS 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.