Sabhya Dutta vs State & Anr.

Citation : 2021 Latest Caselaw 231 Del
Judgement Date : 22 January, 2021

Delhi High Court
Sabhya Dutta vs State & Anr. on 22 January, 2021
$~32
*IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Date of decision: January 22, 2021

+      CRL.M.C. 183/2021

       SABHYA DUTTA                                  ..... Petitioner

                          Through        Mr. Prabhjit Jauhar, Adv.

                          versus

       STATE & ANR.                                  .... Respondents

                          Through        Mr. Panna Lal Sharma, APP
                                         for State with SI Parveen, PS
                                         Inder Puri, Delhi

                                         Respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                        JUDGMENT (ORAL)

CRL. M.A.940/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.183/2021

3. Vide the present petition, petitioner seeks quashing of FIR No.182/2018, registered at Police Station Inder Puri, Delhi, and consequent proceedings arising therefrom. Crl.M.C.183/2021 Page 1 of 4

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent No.2 present in the Court through video conferencing.

6. With the consent of learned counsel for the parties, the present petition is taken up for final hearing.

7. The present petition is filed on the ground that parties have settled their disputes and respondent No.2 has no objection if the present petition is allowed.

8. Respondent No. 2 is personally present in Court and he has been identified by SI Parveen/IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

9. Petitioner and respondent no.2 have entered into an amicable settlement.

10. Learned APP has opposed the present petition and submits that the petitioner was driving vehicle without having valid licence and caused accident as his car collided with that of complainant. Learned APP has further submitted that due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed, therefore, if this Court is inclined to Crl.M.C.183/2021 Page 2 of 4 quash FIR, heavy cost may be imposed upon petitioner.

11. Learned counsel for petitioner, on instructions from petitioner, who are present in Court, has come forward and agreed to contribute an amount of ₹ 50,000/- for welfare purposes. Accordingly, petitioner is directed to pay this amount in the following manner:-

(a) to pay an amount of ₹ 20,000/- in favour of respondent no.2 in addition to the amount already paid to him;
(b) to pay an amount of ₹ 15,000/- in favour of Middle Income Group Legal Aid Society;
(c) to pay an amount of ₹ 15,000/- in favour of Bharat Ke Veer;

12. Petitioner is directed to pay this amount within two weeks and receipt of the same shall be furnished to IO concerned.

13. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioner any further.

14. For the reasons afore noted, FIR No.182/2018, registered at Police Station Inder Puri, Delhi and consequent proceedings Crl.M.C.183/2021 Page 3 of 4 emanating therefrom are quashed.

15. The petition is accordingly allowed and disposed of.

16. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE JANUARY 21, 2021 rk Crl.M.C.183/2021 Page 4 of 4