Karamchand v. State & ANR

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1985/2017 KARAMCHAND ..... Petitioner Through:

Mr.Raman Gandhi, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Kamal Kr. Ghei, APP for State ASI Harkesh Kumar, Police StationVasant Vihar Mr.Sunil Satyarthi, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.05.2017 CRL.M.A.8186/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1985/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.168/2014, under Section 279 IPC, registered at Police Station-Vasant Vihar, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that on 28.02.2014 at about 06:40 p.m. at Shahid Jeet Singh Marg, in front of Qutub Hotel, Vasant Vihar, the petitioner was driving vehicle bearing registration No. DL 4 CAE 5149 very cautiously and in a normal speed but due to error of judgment/human error hit the vehicle bearing registration No. DL 10 CB 0341, 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.Narender Thapa is present in Court today and has been identified by the Investigating Officer, ASI Harkesh Kumar, Police Station-Vasant Vihar, Delhi. 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.168/2014, under Section 279 IPC, registered at Police Station-Vasant Vihar, Delhi, and all proceedings emanating therefrom. The present petition is disposed of accordingly. All pending application(s) (if any) also stand disposed of. Copy of the order be given dasti as prayed.

I.S.MEHTA, J MAY 17, 2017/sr