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High Court of DelhiW.P.(CRL)/2322/2016

Sunil v. State (Govt NCT Of Delhi) & ORS

2016-08-08Hon'Ble Mr. Justice A.K. Pathak2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2322/2016 SUNIL ..... Petitioner Through :Mr.

Sudhir Anand, Adv.

with petitioner in person versus STATE (GOVT NCT OF DELHI) & ANR.

..... Respondents Through :Mr. Jamal Akhtar and Mr. Shekhar, Advs. for Mr. Rahul Mehra, Standing Counsel for the State with ASI Karamvir Singh, P.S. Rajouri Garden Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.08.2016 Crl. M.A. No. 12081/2016 (exemption) Allowed, subject to all just exceptions.

Application is disposed of .

W.P.(CRL) 2322/2016 Respondent no. 2/complainant has alleged in the FIR that on 15th November, 2014 petitioner while driving his car in cash and negligent manner hit his motorcycle, resulting in injuries on his person. FIR was initially registered under Sections 279/337 IPC at Police Station Rajouri

Garden.

However, in view of the nature of injuries sustained by the respondent no. 2, being grievous offence under Section 338 IPC was added. Offence under Sections 146/196 of the Motor Vehicles Act, 1988 has also been included since vehicle was not insured.

Petitioner and respondent no.

2 have settled the matter before the Mediation Centre, Tis Hazari Courts, Delhi dated 13th August, 2015.

Petitioner has paid `15,000/- to the respondent no. 2 towards medical expenses, compensation on account of mental pain and agony, diet and conveyance charges etc. Respondent no.

2 submits that FIR may be quashed in view of the settlement arrived at between him and the petitioner before the Mediation Centre. Keeping in mind the above facts, in the interest of justice, FIR No. 1315/2014 under Sections 279/337/338 of the IPC and Sections 146/196 of the Motor Vehicles Act, 1988 registered at Police Station Rajouri Garden and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

AUGUST 08, 2016 rb