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High Court of DelhiCRL.M.C./6830/2025

Vinay Kumar Singh v. State NCT Of Delhi & ORS.

2025-09-23Hon'Ble Mr. Justice Ajay Digpaul4 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6830/2025 VINAY KUMAR SINGH .....Petitioner Through:

Mr.

Arjun Raghuvanshi and Mr. N.L.K. Mishra, Advs. along with petitioner in person versus STATE NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Satish Kumar, APP for State with SI Vikrant Mr. Ritul Tandon, Adv. for R-2 and R-3 along with respondents no. 2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 23.09.2025 CRL.M.A. 28715/2025 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 6830/2025 3.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed by the petitioner praying for quashing of FIR no. 29/2022 of the Indian Penal Code, 1860 registered at Police Station Amar Colony, South East Delhi, Delhi for offences punishable under Sections 279/337 of the Indian Penal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Code, 1860 (hereinafter "IPC"). The chargesheet which was filed subsequently modified the sections attracted from Section 337 of the IPC to Section 338 of the IPC.

4.

The brief facts of the case are that the complainant took her daughterin-law i.e. Heena to Kailash Colony to see doctor and afterwards while returning home to Noida, her son namely Imran was coming on motorcycle, while her and her daughter-in-law were travelling in an auto. As soon as they crossed the red light near Kailash Colony metro station near Blue Bell School, a car came in between her son's motorcycle and her auto, and hit her sons motorcycle from behind, due to which her son fell from the motorcycle, and the public gathered there, who hurriedly made her son sit in the auto and took photographs of the car which had caused the accident on their mobile phones at the spot. After that the complainant brought her son to AIIMS trauma centre hospital for treatment. 5.

Learned counsel for the petitioner submitted that the petitioner and respondents no. 2 and 3 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 6.

At this juncture, petitioner no. 1 has handed over a Demand Draft bearing No. 001082 dated 16.09.2025 for the amount of ₹ 40,000/- in the name of respondent no. 3. Respondent no. 3 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct. 7.

Settlement Agreement dated 15.02.2025 is on record and has been annexed as "Annexure P-3". Qua this Agreement, the respondents no. 2 and 3 have agreed to withdraw the case arising out of FIR no. 29/338 registered at Police Station Amar Colony, Southeast Delhi, Delhi against the petitioner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the Settlement Agreement dated 15.02.2025.

9.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

10.

Heard learned counsel for the parties and perused the record. 11.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Southeast Delhi, Delhi. Respondent no. 3 is also present in the Court and has been identified by the Investigating Officer.

12.

On a query made by this Court, respondent no. 3 has categorically stated that she has entered into settlement on the parties' own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties.

13.

Keeping in view the fact that the matter stands amicably been settled between the petitioner and respondents no. 2 and 3 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 14.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR no. 29/2022 of the Indian Penal Code, 1860 registered at Police Station Amar Colony, South East Delhi, Delhi for offences punishable under Sections 279/338 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner.

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

15.

The petition along with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J SEPTEMBER 23, 2025 gs/av The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.