Satya Prakash v. The State (NCT Of Delhi)& ORS

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2752/2018 SATYA PRAKASH ..... Petitioner Through Mr. Rakesh Nautiyal, Advocate with petitioner in person.

versus THE STATE (NCT OF DELHI)& ORS ..... Respondents Through Mr. G.M. Farooqui, APP for the State.

SI Kishan Lal, PS Tilak Marg.

Mr. Pramath K. Sharma, Advocate for the complainants with complainants in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 25.05.2018 Crl.M.A.9794/2018 (exemption) Crl.M.A.9795/2018 (exemption) Exemptions are allowed subject to all just exceptions. CRL.M.C. 2752/2018 1.

Petitioner seeks quashing of FIR No.348/2015 under Sections 279/337 IPC, Police Station Tilak Marg.

2.

The subject FIR was registered consequent to an accident which took place between the taxi being driven by the petitioner and the Scooty, which the complainant was driving.

3.

Learned counsel for the petitioner submits that the disputes between the parties have been settled and a Memorandum of Understanding dated 18.05.2018 has been executed between the parties. Learned counsel for the petitioner further submits that the offence under CRL.M.C. 2752/2018

Section 337 IPC has already been compounded by order dated 18.05.2018 of the Trial Court.

4.

The respondent Nos.2 and 3 are present in person, represented by a counsel and are identified by the Investigating Officer. They submit that they have settled their disputes with the petitioner and do not wish to prosecute the complaint any further.

5.

In view of the fact that the parties have resolved their disputes and respondent Nos. 2 and 3 do not wish to press their complaint, 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. 6.

In view of the above, the petition is allowed. The subject FIR No.348/2015 under Sections 279/337 IPC, Police Station Tilak Marg as well as the consequent proceedings arising therefrom are quashed subject to petitioner depositing cost of Rs.5,000/- with the "Delhi High Court Advocates Welfare Trust", within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 25, 2018/st CRL.M.C. 2752/2018