Sukhvir Singh v. State & ORS.

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4312/2016 SUKHVIR SINGH ..... Petitioner Through:

Mr.Sanjay Misra, Adv. with Ms.Pramda Mishra and Mr.Avinash Kr. Jain, Advs.

versus STATE & ORS.

..... Respondents Through:

Sub Inspector Karam Singh, Police Station-Lodhi Colony.

Mr.J.P.Mishra, Adv. with Mr.Krishna Dev Pandey and Mr.Sudhir Dubey, Advs.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.11.2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.194/2004, under Sections 279/337/338 IPC, registered at Police StationLodhi Colony, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioner was a driver and driving the vehicle cautiously, however, due to incidental and judgment of error, the vehicle met with an accident and consequently, FIR No.194/2004, under Sections 279/337/338 IPC was registered. He has further submitted that the injured were taken to the hospital and the petitioner explained the circumstances of no fault of his part, subsequently good sense prevailed on the part of the complainant and both the parties subsequently settled the matter amicably vide settlement deed dated 21st April, 2016. He has further submitted that the petitioner offered to

compensate the injured persons of their medical expenses as well as the inconvenience caused on the person of the injured. He further submits that since the matter has already been settled, nothing remains to be adjudicated further and prays that the present FIR in question may be quashed. Both the injured i.e. respondent No.2, Mr.R.M.Pandey and respondent No.3 Mr.Anurag Pandey are present in Court today and are identified by the Investigating Officer, SI Karam Singh of P.S. Lodhi Colony. Respondent Nos.2 & 3/complainant/injured admit that the matter has been settled between the parties before the Mediation Centre, Saket Court on 21st April, 2016 and they have received the good gesture amount as per the terms of the settlement. They further submitted that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They further submit that they have no objection if the present FIR is quashed against the petitioner.

Accordingly, keeping in view the facts and circumstances of the case since the matter has been settled between the parties before the Mediation Centre, Saket Court and both the injured admit the good gesture amount on behalf of the petitioner and nothing remains to be adjudicated, to meet the ends of justice, I deem it appropriate to quash FIR No.194/2004, under Sections 279/337/338 IPC, registered at Police Station-Lodhi Colony, Delhi and all the proceedings emanating therefrom.

The present petition is disposed of accordingly. I.S.MEHTA, J NOVEMBER 18, 2016/radhika