Sh. Jatinder Nath Kapil v. State (NCT Of Delhi) And ORS.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7036/2025 & CRL.M.A. 29530/2025 SH. JATINDER NATH KAPIL .....Petitioner Through:

Mr. Vijendra Kumar, Adv.

Petitioner in person (through VC) versus STATE (NCT OF DELHI) AND ORS.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with IO/HC Shakti Malik and SI Shram Dagar, PS Vikaspuri Ms. Rashmi Srivastava Adv. for R-2 along with RMr. Satya Prakash, Adv. for R-3 along with R-3

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 06.10.2025 1.

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. 371/2022 registered at Police Station Vikaspuri for the offences punishable under Sections 279/338 of the Indian Penal Code, 1860 (hereinafter "IPC") and Sections 3/181 of the Motor Vehicles Act, 1988 (hereinafter "MV Act"). 2.

The brief facts of the case are that on 06.06.2022, at around 8:00 AM, respondent no. 2 was coming from Bhumiya Mandir after offering his prayers on his motorcycle bearing no. DL9SCA4411. At that time, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner, who was driving a car make of Swift Dzire, bearing no. DL4CAV3400, hit respondents no. 2 and 3 from behind due to which both of them got injured. Thereafter, the PCR vehicle took both the injured persons to hospital.

3.

Learned counsel appearing on behalf of the petitioner has submitted that the chargesheet has already been filed against the petitioner. It is 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. It is further submitted that the respondent no. 2 and 3 have been duly compensated for the injuries suffered by them along with their medical expenses by the petitioner.

4.

Compromise deeds dated 11/13.08.2025 is on record and has been annexed as "Annexure B" and "Annexure C". Qua these deeds, respondents no. 2 and 3 have agreed to withdraw the case arising out of FIR No. 371/2022 registered at Police Station Vikaspuri against the petitioner. In pursuance of the said settlement deeds, the petitioner has agreed to pay a total settlement amount of Rs. 9,00,000/- to respondent no. 2 and Rs. 2,50,000/- to respondent no. 3 in respect of all their claims, injuries, compensation, losses etc. caused or suffered due to the accident. 5.

At this juncture, learned counsel for the petitioner has handed over a Demand Draft bearing No. 045030 dated 21.08.2025 for the balance amount of ₹3,00,000/- in the name of respondent no. 2 today in the Court. Respondent no. 2 has verified the particulars of the Demand Draft to his satisfaction and stated them to be correct.

6.

Learned counsel for the petitioner has also handed over a Demand Draft bearing No. 778278 dated 21.08.2025 for the balance amount of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

₹50,000/- in the name of respondent no. 3 today in the Court. Respondent no. 3 has also verified the particulars of the Demand Draft to his satisfaction and stated them to be correct.

7.

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 compromise. 8.

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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

9.

Heard learned counsel for the parties and perused the record. 10.

The petitioner is present before this Court virtually and has been identified by his counsel and Investigating Officer, Police Station Vikaspuri. Respondents no. 2 and 3 are also present in the Court and have been identified by their counsel and the Investigating Officer. 11.

On a query made by this Court, respondents no. 2 and 3 have categorically stated that they have entered into compromise on their own free will and without any pressure. It is also stated by them that the entire dispute has been amicably settled between the parties. 12.

Keeping in view the fact that the matter stands amicably settled between the petitioner and respondents no. 2 and 3 without any pressure, no fruitful purpose would be served by keeping the matter pending. 13.

Considering that both respondents are now hale and hearty, and that the petitioner is an aged man who candidly admits to not being able to recollect the exact date of the accident, no useful purpose will be served in continuing proceedings.

14.

It is, thus, in the interest of justice to quash the afore-mentioned FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and the proceedings emanating therefrom.

15.

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. 371/2022 registered at Police Station Vikaspuri for the offences punishable under Sections 279/338 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner. 16.

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

AJAY DIGPAUL, J OCTOBER 6, 2025/ar/av The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.