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High Court of DelhiCRL.M.C./3871/2018

Shadab v. State Of NCT Of Delhi & ORS

2025-04-15Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3871/2018 SHADAB .....Petitioner Through:

Counsel for Petitioner (appearance not given) versus STATE OF NCT OF DELHI & ORS .....Respondents Through:

SI Pramod Kuamr, MACT/New Delhi District.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 15.04.2025 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 read with Article 226 of the Constitution of India, has been filed on behalf of the Petitioner seeking quashing of FIR No. 115/12 dated 10.09.2012 under Section 279/304A of the Indian Penal Code, 1860 registered at Police Station Mandir Marg and subsequent proceedings emanating thereof, on the basis of the Memorandum of Understanding (MOU) dated 05.02.2018. 2.

The record shows that Mr. Mani Ram, aged about 65 years, died in a road accident on 10.09.2012. He was survived by two sons and two daughters and his wife had pre-deceased him. Four legal heirs of Late Mr. Mani Ram had received a compensation of Rs.79,000/- each i.e. Rs.3.16 Lakhs under Motor Vehicles Act, 1988. As per the Memorandum of Understanding dated 05.02.2018, the Petitioner had agreed to pay an additional amount of Rs.80,000/- to all the four legal heirs. However, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:52:01

Memorandum of Understanding is signed only by the Petitioner and one Mr. Harish Chand and does not bear the signatures of other three legal heirs. No settlement without all the legal heirs being a party, can be entertained. Furthermore, none has appeared on behalf of the Petitioner. The Petition is dismissed in default and for non-prosecution. NEENA BANSAL KRISHNA, J APRIL 15, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:52:01