Kapil Bhatia v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1/2017 KAPIL BHATIA ..... Petitioner Through:

Mr.Ankit Sharma, Adv. with Mr.Pranav Sapra, Adv.

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

Mr.G.M.Farooqui, APP for State with SI R.P.Singh, PS-Dwarka South Mr.K.B.Singh, Adv. with Ms.Sunita Jain, Adv. for R-2, R-3 & R-4.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 03.01.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.195/2015, under Sections 279/337/338 IPC, registered at Police StationDwarka South, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that the petitioner was driving vehicle bearing registration No. DL 2CAU 2828 cautiously but the said accident was due to error of judgment resulting in registration of FIR No.195/2015, under Sections 279/337/338 IPC. He has further submitted that after the registration of FIR the matter has been settled between the parties with the help of near relatives and close friends. Learned counsel for the petitioner further submits that all disputes have been amicably 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 respondents/injured are present in Court today and have been identified by the Investigating Officer, SI R.P.Singh, P.S. Dwarka South, Delhi. The respondents/injured also admit that the matter has been amicably settled with the petitioner vide Memorandum of Understanding dated 7th November, 2016 and have received the due amount and have no claim or grievance left against 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.195/2015, under Sections 279/337/338 IPC, registered at Police Station-Dwarka South, Delhi, and all proceedings emanating therefrom. Parties to remain bound by the terms of Memorandum of Understanding dated 7th November, 2016.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JANUARY 03, 2017/radhika