Kunal Vats v. State & ORS

36# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + KUNAL VATS ..... Petitioner Represented by:

Mr. Naveen Bhardwaj, Advocate with petitioner in person.

versus STATE & ORS ..... Respondents Represented by:

Mr. Hirein Sharma, APP for the State with SI Dharmendra Pratap Singh, PS Samaipur Badli.

Mr. Akhilesh Arora and Mr.

R.N. Tiwari, Advocates for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.10.2016 Crl. M.A. No. 15699/2016 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioner seeks quashing of FIR No. 1266/2014 under Sections 279/338 IPC registered at PS Samaipur Badli, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the allegations against the petitioner were that when he was driving the vehicle rashly it hit the scooty being driven by respondent No.2 on which respondent No.3 was sitting resulting in injuries to them. On instructions he also states that the petitioner is the only accused and the respondent No.2 the complainant/victim and the respondent No.3 the other victim in the abovementioned FIR. The Respondent Nos.

2 and 3 who are present in Court and are identified by the learned counsel and the Investigating Officer state that they have settled the matter with the Petitioner, who has adequately compensated them for their medical expenses and in lieu both of them received a sum of `25,000/- each and in terms of the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent Nos.2 and 3.

Since the parties have entered into a settlement of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the trial which would be an abuse of the process of the Court, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 1266/2014 under Sections 279/338 IPC registered at PS Samaipur Badli, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 05, 2016 'vn'