Delhi High Court - Orders
Lakshay Mittal vs The State Of Nct Of Delhi on 31 May, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2701/2022 & CRL.M.A. 11148/2022
LAKSHAY MITTAL ..... Petitioner
Through: Mr. S.S. Ahluwalia, Advocate with
petitioner in person.
versus
THE STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Raghuvinder Varma, APP for
State with SI Rahul Nimesh, P.S.
Hauz Khas.
Mr. Rupendu Singh, Advocate for
respondent nos 2 & 3.
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 31.05.2022
1. Issue notice. Mr. Raghuvinder Varma, Additional Public Prosecutor accepts notice on behalf of the respondent no. 1 and Mr. Rupendu Singh, Advocate accepts notice on behalf of the respondent no. 2 and 3.
2. The present petition is filed under section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred to as "the CR.P.C.") for quashing of the FIR bearing No. 381/2020 dated 08.09.2020 registered at P.S. Hauz Khas, New Delhi.
3. The perusal of the record reflects that the FIR bearing No. 381/2020 dated 08.09.2020 was got registered under section 279/337 IPC at P.S. Hauz Khas, New Delhi on the basis of the complaint made by the complainants, namely, Sapna and Sumit Kumar pertaining to the accident happened on Signature Not Verified Digitally Signed By:HARVINDER KAUR CRL.M.C. 2701/2022 Page 1 of 3 BHATIA Signing Date:02.06.2022 14:20:16 07.09.2020 wherein the respondent nos. 2 and 3 received injuries. After completion of the investigation, the charge-sheet was filed under sections 279/337/338 IPC and the trial is pending in the Court of Ms. Shilpi Singh, Metropolitan Magistrate-02, South District, Saket Courts, New Delhi.
4. The respondent nos. 2 and 3 vide proceedings dated 18.04.2022 before the trial Court, have compounded the offences punishable under sections 337/338 IPC with the petitioner and the petitioner was ordered to be acquitted for the offences under sections 337/338 IPC. The respondent nos. 2 and 3 stated that they have received the suitable compensation from the petitioner.
5. The counsel for the petitioner stated that the present petition is filed for quashing of the FIR bearing No. 381/2020 dated 08.09.2020 pertaining to the offences punishable under section 279 IPC, which is non- compoundable as per section 320 Cr.P.C. The counsel for the respondent nos. 2 and 3 and Additional Public Prosecutor stated that as the respondent nos. 2 and 3 have already received suitable compensation before the trial Court at the time of compounding of offences under sections 337/338 IPC and due to this reason, they do not have any objection if the present FIR pertaining to the offence under section 279 IPC is allowed to be quashed alongwith consequential proceedings including judicial proceedings pending before the concerned Court of Metropolitan Magistrate-02, South District, Saket Courts, New Delhi.
6. The petitioner and the respondent nos. 2 and 3 have already compounded substantive offences under section 337/338 IPC and suitable compensation has already paid to the respondent nos. 2 and 3. After considering all the facts and in view of the above discussion, FIR bearing Signature Not Verified Digitally Signed By:HARVINDER KAUR CRL.M.C. 2701/2022 Page 2 of 3 BHATIA Signing Date:02.06.2022 14:20:16 No. 381/2020 dated 08.09.2020 registered at P.S. Hauz Khas, New Delhi alongwith all consequential proceedings including judicial proceedings is ordered to be quashed.
7. Accordingly, the present petition alongwith pending applications, if any, stands disposed of.
SUDHIR KUMAR JAIN, J MAY 31, 2022/N Signature Not Verified Digitally Signed By:HARVINDER KAUR CRL.M.C. 2701/2022 Page 3 of 3 BHATIA Signing Date:02.06.2022 14:20:16