Puneet Narang & ANR v. The State & ANR

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PUNEET NARANG & ANR ..... Petitioner Represented by:

Mr. Anshul Garg and Mr.

Prince Gupta, Advocates.

versus THE STATE & ANR ..... Respondent Represented by:

Ms. Richa Kapoor, ASC with Mr. Ashish Negi, Advocate with SI Satyapal, PS Bharat Nagar.

Ms. Karishma Chanana, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.09.2018 Crl.M.A. No. 32775/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 283/2018 under Sections 337 IPC and 122/177 of the Motor Vehicle Act registered at PS Bharat Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions submits that since respondent No. 2 received grievous injuries, Section 337 was converted into Section 338 IPC in the above noted FIR and the two petitioners are the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that he has settled the matter with the petitioners vide the settlement deed dated 11th September, 2018, copy whereof is annexed at pages 35 to 38 of the paper book. In terms of the settlement the petitioner has already paid to the respondent No. 2 a total sum of ₹70,000/- towards his medical expenses, mental and physical agony. Respondent No. 2 states that in terms of the settlement he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 283/2018 under Sections 337 IPC and 122/177 of the Motor Vehicle Act registered at PS Bharat Nagar, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 24, 2018 'yo'