VC) & Ms. Prapti Allagh,Ad vs Mr. Jalaj Popli, Petitioner in person

VC) & Ms. Prapti Allagh,Advs Mr. Jalaj Popli, Petitioner in person (through VC). versus STATE GOVERNMENT OF NCT OF DELHI & ANR. & ORS. .....Respondents Through: Mr. Hitesh Wali, APP for State/R-1 with Insp. Vikas Mudgal PS Mukherjee Nagar, Delhi. Mr. Sehdev Rana, Adv for R-2. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA % CRL.M.A. 3604/2025 EXEMPTION O R D E R 27.03.2025 Allowed, subject to all just exceptions. Application stands disposed of. CRL.M.C. 758/2025 & CRL.M.A. 3603/2025 (Stay)

1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 read with Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, on behalf of the petitioner, seeking quashing of FIR No. 0410/2022, dated 07.04.2022, P.S. Mukherjee Nagar under Sections 279 and 337 of Indian Penal Code, 1860 and all proceedings emanating therefrom on 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 29/03/2025 at 14:42:58 the basis of settlement between the parties.

2. The FIR in this case has been registered under Section 279/338 IPC, as per the allegations in the FIR, petitioner while driving his car at a fast speed hit the motorcycle on which the respondent and his brother was sitting as a result of which both of them fell down and respondent No. 1, suffered injuries. As per the opinion of the Doctor on the MLC, the injuries were grievous in nature.

3. During the pendency of the case, trial court was pleased to refer the matter to Mediation Center, Rohini Courts, Delhi to explore the possibility of an amicable settlement.

4. Learned counsel for the petitioner submits that the matter was amicably settled between petitioner and respondent No. 2 and as per said settlement, it was agreed between the parties that petitioner shall pay an amount of Rs. 4,10,000/- (Rupees Four Lakhs Ten Thousand Only) to respondent No. 2 towards full and final settlement amount at the time of quashing of the FIR No. 0410/2022 and further, respondent No. 2 undertook to cooperate with the petitioner in quashing proceedings. Copy of the Mediation Settlement dated 30.08.2024 has been placed on record as Annexure P-4.

5. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “ Today, statement of respondent no. 2 has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no. 2 lodged FIR No. 410/2022, Under Section 279/337 IPC registered at PS Mukherjee Nagar, Delhi. Subsequently, after the investigation on the basis of MLC the charge sheet was filed under Section 279 & 338 IPC. Now, Respondent no. 2 has voluntarily and without any pressure or 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 29/03/2025 at 14:42:58 coercion from anyone; and after obtaining due legal advice entered into compromise with the petitioner before Mediation Cell, Rohini Court, Delhi, Vide Settlement dated 30.08.2024 which is on record as Annexure – P-4 at page 266-267 bearing his signatures. As per the Mediation settlement, Respondent no. 2 has settled the case with the petitioner and Respondent no. 2 has already received the entire settlement amount of Rs. 4,10,000/-. Now, Respondent no. 2 has no objection if the abovesaid FIR and all proceedings emanating therefrom is quashed against the petitioner. Respondent no. 2 states that he shall not claim any further compensation from the petitioner by way of any other civil or criminal or MACT proceedings with respect to the incident qua which the FIR was registered. Respondent no. 2 has given his affidavit of no objection for quashing of the abovesaid FIR bearing his signatures which is on record as Annexure P-6 at page no. 270 to 272 bearing his signatures. Respondent no. 2 has been identified by his counsel. This pre verified report along with the petition may be placed before the Hon’ble Court on 27th March, 2025 alongwith the statements recorded today.”

6. Petitioner appeared through video conferencing before the court while respondent No. 2 appeared in person with his counsel. They have been identified by their respective counsels as well as by the Investigating Officer Insp. Vikas Mudgal, PS Mukherjee Nagar, Delhi.

7. Complainant/injured/respondent No. 2 states that the matter has been settled with the petitioner and in terms of such settlement, he has been suitably compensated and they have no objection if the FIR No. 0410/2022 is quashed against the petitioner.

8. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR is quashed.

9. In Gian Singh vs 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 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 29/03/2025 at 14:42:58 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 petitioner has suitably compensated respondent No. 2 and parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0410/2022 under Section 279/337 of the Indian Penal Code, 1860, registered as PS Mukherjee Nagar and all the other consequential proceeding emanating therefrom.

11. In the interest of justice, the petition is allowed, and the FIR No. 0140/2022 under Section 279/337 of the Indian Penal Code, 1860, registered as PS Mukherjee Nagar and all the other consequential proceeding emanating therefrom, including the charge sheet pending before the court of the concerned learned CJM, Rohini Courts, Delhi are hereby quashed.

12. Petition is allowed and disposed of accordingly.

13. Pending application(s), if any, also stand disposed of. MARCH 27, 2025 RAVINDER DUDEJA, J 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 29/03/2025 at 14:42:58