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Amit Mann & Ors vs State Nct Of Delhi & Anr on 16 March, 2023

Author: Amit Sharma

Bench: Amit Sharma

                          $~3
                          *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +        CRL.M.C. 1597/2023
                                   AMIT MANN & ORS.                               ..... Petitioners
                                                Through:          Mr. Dharambir Singh, Mr. Pravesh
                                                                  Dabas and Mr. Nitesh Khapra,
                                                                  Advocates.
                                                 versus
                                   STATE NCT OF DELHI & ANR.                 ..... Respondents
                                                 Through: Mr. Hitesh Vali, APP for the State.
                                                            PSI Rashmi, PS Begumpur.
                                                            Mr. Pradeep V. And Mr. Lakshy
                                                            Kumar, Advocates for R-2.
                                   CORAM:
                                   HON'BLE MR. JUSTICE AMIT SHARMA
                                                 ORDER

% 16.03.2023

1. The present petition under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 470/2013, under Sections 354/354B/323/509/506/34 of the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings, including the chargesheet pending before the Court of Ms. Preeti Rajoria, learned Metropolitan Magistrate, Rohni District Courts, Delhi.

2. Learned counsel for the petitioners submits that the present FIR was registered on account of a road accident and during the pendency of the present proceedings, the petitioners have settled the dispute with respondent no. 2 vide compromise deed dated 24.02.2023 (Annexure P-4).

3. The petitioners and respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, P.S.I. Rashmi, P.S. Begumpur.

4. The Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners.

5. The status report filed on behalf of the State reflects that petitioner no. 2, Ankit Sehrawat, is facing trial in case FIR No. 159/2016, under Sections 187/332/353 of the IPC, registered at P.S. Sadar Hamirpur, Himachal Pradesh.

6. Learned counsel appearing on behalf of the petitioners submit that the said FIR pertains to a road accident and it is further pointed out that the matter is pending trial before the court of competent jurisdiction.

7. Respondent No. 2 states that the matter has been settled with the petitioners without any undue pressure or coercion and she has no objection if the FIR is quashed against the petitioners.

8. Learned APP for the State opposes the quashing of the present petition on the ground that the charges have been framed and the matter is at the stage of prosecution evidence.

9. In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

10. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 470/2013, under Sections 354/354B/323/509/506/34 of the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings, including the chargesheet pending before the Court of Ms. Preeti Rajoria, learned Metropolitan Magistrate, Rohni District Courts, Delhi.

11. In the interest of justice, the petition is allowed, and the FIR No. 470/2013, under Sections 354/354B/323/509/506/34 of the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings, including the chargesheet pending before the Court of Ms. Preeti Rajoria, learned Metropolitan Magistrate, Rohni District Courts, Delhi, is hereby quashed.

12. Petition is allowed and disposed of accordingly.

13. Pending application(s), if any, also stand disposed of.

AMIT SHARMA, J MARCH 16, 2023/sn CRL.M.C. 1597/2023 Page 3 of 3 Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:22.03.2023 14:52:21