Satish Bhasin v. State & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6061/2018 SATISH BHASIN ..... Petitioner Through:

Mr.Raman Gandhi, Adv. with petitioner in person.

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

Ms.Manjeet Arya, APP for the State with SI Rama Kant, PS Sarai Rohilla Ms.Harsha Sharma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 30.11.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioners seek quashing of FIR No.64/2017 registered u/s 279/427 IPC at Police Station Sarai Rohilla, Delhi.

2.

Learned counsel for the petitioner submits that the petitioner is the owner of Vehicle No. DL 3 CBS 5195 and was returning from a family function at 1.40 a.m. on 20.02.2017 when his car accidently hit the car being driven by respondent no.2/complainant. He however, submits that the petitioner was not responsible for the said accident which was only an unfortunate mishap. Consequently, the respondent no.2 filed a complaint which led to the registration of the aforesaid FIR against the petitioner. He submits that with the intervention of

common friends, the parties have now decided to resolve their disputes amicably and the petitioner has already paid Rs.10,000/-to the respondent no.2 as compensation. He, therefore, prays that the captioned FIR and consequential proceedings be quashed. 4.

The petitioner as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. Respondent no.2 is also represented by a counsel. I have interacted with the respondent no.2, who states that since very minor damage was caused to his vehicle, he has out of his own free will resolved his disputes with the petitioner. He further submits that he also does not want the aforesaid criminal proceedings to continue as the same will cause hardship to him also and therefore, prays that the captioned FIR and consequential proceedings be quashed.

5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the FIR emanates out of a minor accident between two vehicles being driven by the parties at late night, which dispute already stands resolved between the parties, no useful purpose will be served in continuing with the aforesaid criminal proceedings. In my view, the continuance of the criminal proceedings in these circumstances would be an abuse of process of law and the ends of justice demand that the FIR and consequential proceedings be quashed.

6.

For the aforesaid reasons, the petition is allowed and the captioned FIR and consequential proceedings are quashed, subject to the petitioner paying a sum of Rs.15,000/- as costs to the Delhi Police Martyr's Fund, A/c No.18200110036907, UCO Bank, Delhi, IFSC

Code UCBA0001820 within one week from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer.

7.

The petition is disposed of in the above terms. REKHA PALLI, J NOVEMBER 30, 2018 gm