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High Court of DelhiCRL.M.C./2377/2018

Sameer Sahai v. State & ANR.

2018-05-07Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~67 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2377/2018 SAMEER SAHAI ..... Petitioner Through:

Mr.

Sanjeev Mahajan, Adv.

with petitioner in person versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, Addl. PP for the State with SI N.K. Singh Mr. P.D. Gupta, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 07.05.2018 Crl. M.A. No. 8481/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2377/2018 1.

The petitioner seeks quashing of FIR No. 617 of 2014 under Sections 279/338 of the IPC Police Station Sarojini Nagar, New Delhi, based on a settlement.

2.

The subject FIR was registered on account of an accident which took place while petitioner was driving his ALTO Car. It is alleged that the respondent no. 2 was injured and was taken by the petitioner himself in his car to the hospital for treatment. Respondent no. 2 has received a compensation in the sum of Rs. 4,95,000/- from the insurance company of respondent no. 2. Additionally the petitioner has agreed to pay a sum of Rs. 70,000/- to respondent. The said amount of Rs. 70,000/- has been paid by the petitioner by way of Pay CRL.M.C. 2377/2018

Order No. 756514 dated 26.03.2018 issued by Canara Bank to respondent no. 2 today in Court.

3.

Respondent no. 2 is present in person in Court today, represented by his counsel and is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioner. Respondent No. 2 submits that he does not wish to press the criminal complaint against the petitioner any further. 4.

In view of the fact that the disputes between the parties have been settled, 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 also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

5.

In view of the above, the petitions are allowed. FIR No. 617 of 2014 under Sections 279/338 of the IPC Police Station Sarojini Nagar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 07, 2018 'rs'

CRL.M.C. 2377/2018