Judgment · High Court

% 24.04.2025

This hearing has been done through hybrid mode.

The present petition filed under Section 482 of the Cr.P.C. read with Article 227 of the Constitution of India seeks quashing of FIR no. 0329/2019 under Sections 279/338 of the IPC, registered at P.S. Kotla Mubarakpur and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Chhavi Bansal, learned JMFC-11, South-East District, Saket Courts, Delhi.

Learned counsel appearing on behalf of the petitioner submits that during the pendency of the aforesaid proceedings, the latter has entered into an Memorandum of Understanding (‘MoU’) dated 21.04.2025 with respondent no. 2, whereby a sum of Rs. 70,000/- (Rupees seventy thousands This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:45:38 only) has been agreed and paid in cash to respondent no. 2. It is further pointed out that respondent no. 2 has been awarded Rs. 22,00,000/- (Rupees twenty two lakhs only) in proceedings before the Motor Accidents Claims Tribunal (‘MACT’) Court. The aforesaid claim was settled before the Lok Adalat, DLSA New Delhi, Patiala House Court Complex vide an award dated 12.03.2022. The aforesaid facts are confirmed by learned counsel appearing on behalf of respondent no. 2.

Respondent no. 2 is present in person today along with his wife-Meena Devi and confirms the factum of settlement and that he has received a sum of Rs. 70,000/- (Rupees seventy thousands only.)

The petitioner and respondent no. 2 are present before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Yogesh, PS Kotla Mubarakpur.

The Complainant/respondent No.2 states that the matter has been settled with the petitioner and he has no objection if the FIR and the consequential proceedings emanating therefrom including the chargesheet are quashed against the petitioner. He further states that all the terms of the Memorandum of Understanding (‘MOU’) have been complied with.

The learned APP for the State submits that investigation in the present FIR has been completed and the chargesheet has been filed, which is pending before the Court of competent jurisdiction and further submits that he has also no objection, if the present FIR and the consequent chargesheet pending before the Court of competent jurisdiction is quashed.

In Gian Singh vs. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 09:45:38

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 proceeding.

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. 0329/2019 under Sections 279/338 of the IPC, registered at P.S. Kotla Mubarakpur and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Chhavi Bansal, learned JMFC-11, South-East District, Saket Courts, Delhi.

Petition is disposed of.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 24, 2025/sn/Pc Click here to check corrigendum, if any