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High Court of DelhiW.P.(CRL)/1960/2017

Priyanka Mehla v. State & ANR

2017-08-01Hon'Ble Mr. Justice Vinod Goel3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1960/2017 PRIYANKA MEHLA ..... Petitioner Through: Mr. Rajeev Sirohi, Advocate with petitioner in person.

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

Mr.

Ashish Negi, Advocate for Ms.Richa Kapoor, ASC for the State along with ASI Chhatar Pal Singh, PS Vasant Kunj (North), Delhi.

Mr.Rajtilak Guhan Roy, Advocate for R-2 and R-3 along with respondent no. 2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 01.08.2017 24.

Amended memo of parties filed by which the complainant Roshan Tiwari is impleaded as respondent No.3. Memo of parties taken on record.

25.

The petitioner seeks quashing of FIR No.153/2017 registered against her under Sections 279/337 IPC, P.S. Vasant Kunj (North) registered on 07.04.2017 by this writ petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (in short „Cr.PC‟) 26.

The said FIR was registered on the complaint of respondent No.3 on 07.04.2017 to the effect that on 11.02.2017 at about 09.00 PM, his

father suffered injuries as a result of rash and negligent driving of Car No. DL-8CZ-1849 (Nano silver colour) driven by the petitioner as a result of which the father of the complainant i.e. the respondent No.3 suffered injuries. The respondent No. 2 was taken to Indian Spinal Injuries Hospital and he was examined by the Medical Officer vide MLC No.7565/2017. The respondent No. 3 was shifted to Safdarjang Hospital for better treatment.

27.

It is submitted by learned Additional Standing Counsel through the Investigating Officer ASI Chattar Pal that the charge sheet has so far not been filed.

28.

The parties have amicably resolved the dispute by Compromise dated 06th July, 2017 executed between the petitioner and respondent No.2. As per the settlement the petitioner had agreed to pay a total of Rs.90,000/- to respondent No.2 towards his medical expenses and compensation. On the date of settlement a sum of Rs.60,000/- was paid in cash to respondent No.2 by the petitioner. 29.

Today, the petitioner has paid further a sum of Rs.30,000/- by way of Demand Draft No.304969 dated 01.08.2017 drawn on UCO Bank, Delhi High Court branch, Delhi to respondent No.2. 30.

The respondent no. 2 and 3, confirms that they have willingly settled the matter with the petitioner without any force or coercion. They further submit that since they had received the entire settlement amount, they do not want to pursue the FIR. They requests that FIR may be quashed.

31.

In these circumstances, when the matter has been amicably settled between the parties and no purpose would be served in further

pursuing with the FIR bearing No. 153/2017, registered on 07.04.2017 with PS Vasant Kunj (North), Delhi, under Section 279/337 IPC. Hence, to secure ends of justice, the FIR bearing No. 153/2017, registered on 07.04.2017 with PS Vasant Kunj (North), Delhi, under Section 279/337 IPC and proceedings arising out of the same are hereby quashed.

32.

The petition is disposed of.

VINOD GOEL, J.

AUGUST 01, 2017 "sk"/SDP