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High Court of DelhiCRL.M.C./3408/2017

Utkarsha v. State (NCT Of Delhi) & ANR

2017-09-20Hon'Ble Mr. Justice I.S.Mehta2 pages

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3408/2017 UTKARSHA ..... Petitioner Through:

Mr.Mukesh Kumar Sharma, Adv.

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

Mr.Raghuvinder Varma, APP for State with SI Deshpal, PS-Gandhi Nagar Mr.Om Sharma, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.09.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.157/2015, under Sections 279/338 IPC, registered at Police StationGandhi Nagar, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that on 06.03.2015 at about 02:30 p.m. at Y Point Pusta Road, Gandhi Nagar, the petitioner was driving vehicle bearing registration No DL 10CD 0196 very cautiously and in a normal speed but due to error of judgment/human error hit the vehicle bearing registration No. DL 1ST 7571, driven by respondent No.2, resulting into registration of present FIR. He has further submitted that after the registration of FIR the matter has been settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further

submits that since all disputes have been settled between the parties, the FIR in question and all proceedings arising therefrom may be quashed. The respondent Nos.2/injured, Mr.Satender Singh is present in Court today and has been identified by the Investigating Officer, SI Deshpal. The respondent No.2/injured also admits that the matter has been amicably settled with the petitioner.

He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. He further submits that he has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further, to meet the ends of justice, I deem it appropriate to quash the FIR No.157/2015, under Sections 279/338 IPC, registered at Police Station-Gandhi Nagar, Delhi, and all proceedings emanating therefrom.

The present petition is allowed and disposed of accordingly. Copy of the order be given dasti as prayed.

I.S.MEHTA, J SEPTEMBER 20, 2017/sr