Dharmendra v. State NCT Of Delhi And ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5670/2025 & CRL.M.A. 24309/2025 DHARMENDRA .....Petitioner Through:

Appearance not given.

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

Mr. Ajay Vikram Singh, APP for the State.

SI Mohit, PS: Bawana.

Mr. Mehtab Singh, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 27.08.2025 1.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 of the Code of Criminal Procedure, 1973) seeks quashing of FIR No. 167/20151 registered under Sections 279/337 of the Indian Penal Code, 18602 registered at P.S. Bawana. on the basis of a compromise between the Petitioner and the wife of the deceased.

2.

The case arises out of a motor vehicle accident where the motorcycle being driven by the deceased was hit by a Canter driven by the Petitioner. Notably, Section 279 of IPC is a non-compoundable offence. 3.

Although, Respondent No. 2 has received substantial compensation 1 "the impugned FIR"

2 "IPC"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 12:03:28

from the insurance company pursuant to an award passed by the Motor Accident Claim Tribunal, this Court is of the view that, considering the nature of incident and the offences involved, the compromise cannot form the sole basis for quashing of the impugned FIR at this stage. 4.

Accordingly, without delving into the merits of the case, this Court finds that the consent given by Respondent No. 2, in the present matter, is not sufficient to quash the impugned FIR.

5.

The present petition is dismissed, along with pending applications. 6.

The Court has not commented on the merits of the case. All rights and contentions of the parties are left open.

SANJEEV NARULA, J AUGUST 27, 2025 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/09/2025 at 12:03:28