Upasana Jain v. State Of Delhi & ORS

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2268/2017 UPASANA JAIN ..... Petitioner Through:

Mr.Ikrant Sharma, Adv. with Ms.Divya Upadhyay, Adv.

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

Ms.Kusum Dhalla, APP for State SI Amit Kumar, PS-Connaught Place Mr.Anil B, Adv. for R-2 & R-3.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 29.05.2017 Crl. M.A. 9266/2017 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2268/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.223/2016, under Sections 279/337 IPC, registered at Police StationConnaught Place, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that on 28.08.2016 at about 04:20 p.m. at Baba Kharak Singh Marg, near petrol pump, Connaught Place, New Delhi the petitioner was driving vehicle bearing registration No. DL 10CC 3216 very cautiously and in a normal speed but due to error of judgment/human error hit the vehicle bearing registration No. DL 6S AT 1577, driven by respondent No.3, Mr.Vishal Sharma, 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 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, Mr.Hemant Chaudhary and respondent No.3/injured Mr.Vishal Sharma are present in Court today and have been identified by the Investigating Officer, SI Amit Kumar, PS-Connaught Place, Delhi. The respondent Nos.2 and 3 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.223/2016, under Sections 279/337 IPC, registered at Police Station-Connaught Place, 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 29, 2017/sr