Bipin Harpalani v. State (Govt Of NCT Of Delhi) & ANR

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1506/2018 BIPIN HARPALANI ..... Petitioner Through :

Mr Manmohan Yadav and Mr Karam Bir Singh, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Through :

Ms Neelam Sharma, Addl. PP for the State.

ASI Badluram and HC Upender Tiwari, PS Janak Puri.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.03.2018 Crl. M.A.5486/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1506/2018 1.

By this petition, petitioner seeks quashing of FIR No.559/2017 under Sections 279/337 IPC & 146/196 of the Motor Vehicles Act, 1988, Police Station Janak Puri, based on a Settlement. 2.

The subject FIR was registered consequent to a motor accident. Parties have settled their disputes before the Motor Accident Claims Tribunal, as recorded in the order dated 07.03.2018. Respondent No.2 has received a total sum of Rs.60,000/- as compensation in full Crl.M.C.1506/2018

and final settlement of all his claims before the Motor Accident Claims Tribunal.

3.

Respondent No.2 is present in person in Court and is identified by the Investigating Officer.

He confirms that he has arrived at a Settlement before the Motor Accident Claims Tribunal, as recorded in the order dated 07.03.2018 and further submits that he does not wish to press his complaint any further.

4.

In view of the above and keeping in view of the fact that the parties have resolved their dispute before the Motor Accident Claims Tribunal and the Settlement is recorded in the order dated 07.03.2018 and further respondent No.2 does not wish to press his complaint against the petitioner, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

5.

Accordingly, FIR No.559/2017 under Sections 279/337 IPC & 146/196 of the Motor Vehicles Act, 1988, Police Station Janak Puri and the consequent proceedings emanating therefrom are hereby quashed.

6.

Order Dasti under signatures of Court Master. MARCH 23, 2018/'Sn'

SANJEEV SACHDEVA, J Crl.M.C.1506/2018