High Court of DelhiW.P.(CRL)/2056/2015

Hari Narain v. The State ( National Capital Territory Of Delhi) & ANR

2015-09-18Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2056/2015 HARI NARAIN ..... Petitioner Through:

Mr. Hitesh Sachar, Adv.

versus THE STATE ( NATIONAL CAPITAL TERRITORY OF DELHI) & ANR ..... Respondent Through:

Ms.Richa Kapoor, ASC with Mr.Ashish Negi & Mr.Rohit Kaul, Advs.

SI Pancham Kumar, P.S. Saket Mr.Mukesh Kumar, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 18.09.2015 Crl.M.A.13688/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 2056/2015 The petitioner seeks quashing of the FIR No.57/2015 (PS Saket) instituted under Section 279 and 337 of the IPC. It has been submitted on behalf of the petitioner that while he was driving a vehicle, another vehicle dashed against his vehicle which led to the accident in which, a cyclist, who is the informant of this case was hurt. It is further submitted that the injuries suffered by the informant/cyclist was in the nature of bruises which were simple in nature.

The petitioner of his own paid some money to the informant at the spot and also made arrangement for first aid and medical care. It has also been submitted that the subject FIR (FIR No.57/2015) was referred to Motor Accident Claim Tribunal, Saket. The matter was thereafter referred to Lok Adalat where the claim of respondent No.2 was settled. An award of Rs.70,000/- was passed in favour of respondent No.2. As per the award Rs.10,000/- had to be paid by the insurance company (National Insurance Company Ltd.) and rest of Rs.60,000/- was directed to be paid by the petitioner.

It is submitted that the petitioner has paid Rs.15,000/- before the Lok Adalat which has been received by the respondent No.2. A compromise agreement has also been entered into where the respondent No.2 has compounded the case as against the petitioner. The petitioner agrees to pay the remaining amount of Rs.45,000/- to the respondent No.2. It is informed at bar that the remaining amount which was required to be paid to the petitioner has been paid by a demand draft. Respondent No.2 is present in person along with his counsel. They affirm that such amount has already been paid. Considering the aforesaid facts, no purpose would be served in keeping alive the investigation in the subject FIR (FIR No.57/2015) any further.

For the reasons aforenoted, FIR No.57/2015 (P.S.Saket) is quashed. The petition is disposed of.

SEPTEMBER 18, 2015 ASHUTOSH KUMAR, J ns