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High Court of DelhiCRL.M.C./2021/2017

Akash Anand v. State & ORS

2017-05-19Hon'Ble Mr. Justice I.S.Mehta2 pages

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2021/2017 AKASH ANAND ..... Petitioner Through:

Mr.Ankit Sharma, Adv.

versus STATE & ORS ..... Respondents Through:

Mr.Izhar Ahmad, APP for State SI Abhijit Kumar, PS-Civil Lines Mr.Sandeep Dahiya, Adv.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 19.05.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.50/2013, under Sections 279/337 IPC, registered at Police Station-Civil Lines, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that on 26.02.2013 at about 03:00 p.m. near Bara Hindu Rao Crossing, the petitioner was driving vehicle bearing registration No. DL 2 CAK 7349 very cautiously and in a normal speed but due to error of judgment/human error hit the vehicle bearing registration No. DL 1RK 9268, driven by respondent No.2, Mohd. Isaq, resulting into registration of present FIR. He has further submitted that medical facilities/expenses of the injured persons was taken care by the petitioner. He has further submitted that after the registration of FIR the matter has been settled between the parties vide Memorandum of Understanding dated 09.05.2017 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 No.2/injured, Mohd. Isaq, respondent No.3/injured Mr.Rahish Alam and respondent No.4/injured Ms.Shamsha Khatoon are present in Court today and have been identified by the Investigating Officer, SI Abhijit Kumar, PS-Civil Lines, Delhi. The respondent Nos.2, 3 and 4 also admit that the matter has been amicably settled with the petitioner. They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They further submit that they have 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.50/2013, under Sections 279/337 IPC, registered at Police Station-Civil Lines, Delhi and all proceedings emanating therefrom. The present petition is disposed of accordingly. Copy of the order be given dasti as prayed.

I.S.MEHTA, J MAY 19, 2017/sr