Maieem Khan & ORS v. The State (NCT Of Delhi) & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3690/2018 & CRL.MA.28602/2018 MAIEEM KHAN & ORS ..... Petitioner Through Mr.Abdul Sattar, Adv.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondent Through Ms.Manjeet Arya, APP with SI D V Singh, PS Amar Colony.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 13.11.2018 1.

Vide the present petition u/s 482 CrPC, the petitioners seek quashing of FIR No.303/2010 u/s 279/337 IPC registered at Police Station Amar Colony, Delhi and all proceedings emanating therefrom, based on a settlement deed dated 31.03.2018 arrived at by the parties before the Mediation Centre, Saket Courts.

2.

Mr.Abdul Sattar, learned counsel for the petitioners submits that the aforesaid FIR arises out of a motor accident and the petitioners have been facing trial for the last many years. He submits that the parties have now resolved their disputes and entered into the aforesaid settlement before the Mediation Centre, Saket Courts. He further submits that the sum of Rs.20,000/- in terms of the settlement deed has already been paid to the respondent no.2. 3.

Mr.Sattar further submits that keeping in view the fact that the

trial has been going on for the last many years the petitioners may be put to costs and prays that in view of the settlement arrived at between the parties, the FIR and all proceedings emanating therefrom be quashed.

4.

The petitioners as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have also interacted with the respondent no.2, who states that he has entered into the agreement with the petitioners of his own free will and without any coercion. He further submits that he received the entire agreed amount and does not want the aforesaid criminal proceedings to continue any further as the same will cause hardship to him also. Even otherwise, he does not want any further acrimony with the petitioners.

5.

I have considered the submissions of the learned counsel for the parties and perused the record. Even though the charges against the petitioners are serious in nature relating to use of a forged driving licence, but keeping in view the fact that the matter already stands resolved between the parties and the petitioners have voluntarily offered to pay cost, no useful purpose will be served in continuing the criminal proceedings when the parties themselves have already resolved their differences. In my view, the ends of justice demand that the FIR and consequent proceedings be quashed. 6.

Accordingly, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to the petitioner no.1, petitioner no.2 and petitioner no.3 depositing a sum of Rs.10,000/-, 50,000/- and 50,000/- respectively to the Delhi Police

Martyr's Fund, A/C No.18200110036907, UCO Bank, Delhi, IFSC Code UCBA0001820 within two weeks from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the Trial Court. 7.

The petition alongwith the pending application is disposed of in the above terms.

REKHA PALLI, J NOVEMBER 13, 2018 sr