High Court of DelhiCRL.M.C./8207/2024

Kone Elevator India Pvt Ltd v. State Of NCT Of Delhi & ANR.

2024-11-11Hon'Ble Mr. Justice Jasmeet Singh2 pages

$~89 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8207/2024 KONE ELEVATOR INDIA PVT LTD .....Petitioner Through:

Mr. Kunal Kher, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Ms. Meenakshi Dahiya, APP with SI Rajesh Kumar, PS Kashmere Gate Metro, Delhi

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.11.2024

1. This is a petition filed under 482 of CrPC/528 of BNSS, 2023 seeking quashing of FIR No. 65 of 2013 dated 07.06.2013, P.S. Kashmiri Gate (Metro) and quashing of Criminal Case bearing No. 304749 of 2016 titled as "State vs. Cancellation (Comp. Sushila)" pending in the Court of Mr. Mayank Aggarwal, Ld. M.M.- 09, Tis Hazari District Courts, Delhi.

2. The brief facts are that the complainant/respondent No. 2 was travelling by metro at Chandni Chowk Metro Station wherein the door of the elevator got shut causing injury to the complainant. The respondent No. 2 lodged the aforesaid FIR.

3. During the pendency of the proceedings, the parties have settled the matter wherein the respondent No. 2 undertook to cooperate in getting the aforesaid FIR quashed.

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 21/11/2024 at 12:20:39

4. Ms. Sushila, respondent No. 2 is present in Court today and states that she is still suffering from the trauma of the incident.

5. Mr. Kher, learned counsel for the petitioner voluntarily states that a sum of Rs. 75,000/- shall be paid to the complainant within 4 weeks from today.

6. Respondent No. 2 states that she has no objection to the FIR being quashed.

7. Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. In this view of the matter, there is no reason to continue the proceedings.

8. For the said reasons, the FIR No. 65 of 2013 dated 07.06.2013, P.S. Kashmiri Gate (Metro) and quashing of Criminal Case bearing No. 304749 of 2016 titled as "State vs. Cancellation (Comp. Sushila)" pending in the Court of Mr. Mayank Aggarwal, Ld. M.M.- 09, Tis Hazari District Courts, Delhi are quashed.

9. The payment of Rs. 75,000/- to respondent No. 2 shall be made within 4 weeks from today and in case the payment is not made, the complainant will be at liberty to file an appropriate application. 10.With these directions, the petition is disposed of. JASMEET SINGH, J NOVEMBER 11, 2024/sp 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. The Order is downloaded from the DHC Server on 21/11/2024 at 12:20:39