Nityanand Sood v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4639/2016 NITYANAND SOOD ..... Petitioner Through:

Mr.Prashant Mendiratta and Mr.Anirudh K. Mudgal, Advocates with the petitioner in person.

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

Mr.Kewal Singh Ahuja, APP for State with SI Mangej Singh, P.S. Kamla Market, Delhi.

Mr.Harshvardhan pandey, Advocate for R2 to R4 with R2 to R4/injured/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 15.12.2016 CRL.M.A. 19364/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4639/2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.317/2015, under Sections 279/337/338 IPC, registered at Police Station Kamla Market, Delhi and all the proceedings emanating therefrom. Counsel for the petitioner has submitted that petitioner was the driver of the Maruti Car bearing registration No.DL 2C AG 5980. Learned counsel

for the petitioner has further submitted that though the petitioner was driving the aforesaid vehicle cautiously and not negligently, but due to error of judgment the said vehicle met with an accident without having any fault on the part of the petitioner. However, due to misunderstanding , the respondent No.2/complainant got the FIR in question registered against the petitioner. Counsel further submits that after the registration of the FIR, the matter was amicably resolved/settled with the injured/complainant vide settlement agreement dated 8th January, 2016. Counsel further submits that the present FIR is coming as a hurdle in the way of the petitioner in leading a peaceful life in near future and further submits that since the matter has been amicably settled between the parties and nothing further remains to be adjudicated between them, the present FIR and all subsequent proceedings arising therefrom may be quashed.

The respondents No.2 to 4/injured and complainant are present in Court today and have been identified by the Investigating Officer, SI Mangej Singh, P.S. Kamla Market, Delhi. The injured/ complainant also admit that the matter has been amicably settled with the petitioner and they have no claim or grievance left against the petitioner. They further submit the settlement/compromise has taken place voluntarily, without any force, pressure or coercion and that they have no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and nothing further remains to be adjudicated between them, consequently, to meet the ends of justice, the FIR No.317/2015, under Sections 279/337/338 IPC, registered at Police Station Kamla Market, Delhi and all the proceedings

emanating therefrom are hereby quashed.

The present petition is disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 15, 2016 'dc'