Vikas Raria v. State Of NCT Delhi & ANR.

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIKAS RARIA .....Petitioner Through:

Mr. Sahil R (D/12038/22) and Mr.

Tushar Sharma (D/5430/22), Advocates alongwith Petitioner-inperson versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State SI Ravindra Singh (D-485), P.S:

Tughlak Road.

Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 27.08.2024 CRL.M.A. 25387/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The Petitioner has approached this Court for quashing FIR No.20/2022 dated 12.01.2022 registered at Police Station Tuglak Road for offences under Sections 279 & 337 IPC on the ground of amicable settlement arrived at between the parties.

2.

The facts of the case reveal that the FIR was lodged at the instance of Respondent No.2 herein. The FIR was registered against the Petitioner on the ground that he was driving the car in a rash and negligent manner due which his car hit the TSR of Respondent No.2 and got overturned and 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 got injured.

3.

The present petition has been filed on the ground that the parties have amicably settled the matter before Delhi Mediation Centre, Patiala House Court on 03.08.2024. As per the settlement, the Petitioner has agreed to pay a sum of Rs.70,000/- to Respondent No.2 towards full and final settlement of the present criminal case. The Petitioner has also tendered unconditional apology to the Complainant/Respondent No.2.

4.

The Complainant/Respondent No.2 has also filed an affidavit affirming the fact that the disputes and the grievances of the Complainant against the Petitioner in the abovementioned FIR stands settled. It is also stated that the Complainant does not have any objection if the present FIR against the Petitioner is quashed as he has already settled the dispute with the Petitioner.

5.

Today, a sum of Rs.70,000/- by way of a demand draft has been handed over to the Complainant/Respondent No.2 by the learned Counsel for the Petitioner.

6.

The Petitioner and the Complainant/Respondent No.2 are present in Court today. The parties have been identified by the Investigating Officer. The Complainant/Respondent No.2 states that he has received the entire amount of settlement and he has settled all the disputes with the Petitioner out of his own free will, without pressure, coercion or undue influence and states that he does not want to pursue the present case any further. He requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement and the proceedings recorded before this Court. 7.

In view of the settlement arrived at between the parties and in view of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the fact that the entire amount has been paid to Respondent No.2, this Court is of the opinion that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.20/2022 dated 12.01.2022 registered at Police Station Tuglak Road for offences under Sections 279 & 337 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the settlement and the undertaking given to the Court.

8.

With these observations, the petition is disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 27, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.