Delhi High Court
Rashmi Jhingram & Anr vs State & Anr on 22 December, 2015
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd December, 2015
W.P.(CRL) 3066/2015 & CRL.M.A. 18809/2015
RASHMI JHINGRAM & ANR ..... Petitioners
Through: Mr Vishal Verma, Advocate.
versus
STATE & ANR ..... Respondents
Through: Mr Sanjay Lao, Addl. Standing
Counsel (Crl.) with SI Balwan Singh,
PS- Vasant Kunj South.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC)
seeking quashing of FIR No.16/2015 under Sections 279/337 IPC registered
at Police Station- Vasant Kunj South and the proceedings arising therefrom.
2. The subject FIR was registered as a consequence of a road accident
that occurred on 05.01.2015 at about 4:20 p.m. at Masoodpur village falling
under the jurisdiction of Police Station- Vasant Kunj South.
3. The complainant, who is present in person, states that whilst waiting at
the bus stand, she was hit by a vehicle owned by petitioner No.1 and being
driven by petitioner No.2, who is a young lady aged 31 years old. The
complainant further states that consequent upon the said accident in which
she sustained injuries, the petitioner No.2 escorted her to Indian Spinal
Centre at Vasant Kunj to ensure that she receives prompt treatment.
4. The complainant, who is present in person, and has been identified by
the IO in the subject FIR SI Balwan Singh, PS- Vasant Kunj South, states
that the parties to the accident have arrived at an amicable resolution as
encapsulated in a compromise-cum-settlement deed dated 13.10.2015. The
salient terms of the said compromise-cum-settlement dated 13.10.2015 are as
follows:-
"1. That the First party and Second party offer to
the Third party to give a sum of Rupees 20,000/-
as full and final settlement regarding the present
FIR as well as the MACT claim if any and the
Third party is ready to settled the matter.
2. That the Second Party under takes that she
would pay a total sum of Rs. 20,000/- (Rs.
Twenty Thousand Only) as a goodwill gesture
towards all the losses for the pain and suffering
by the Third Party for the above mentioned case
i.e. pending before the Hon'ble Court of Shri.
Sunil Kumar Sharma MM, Patiala House Court,
New Delhi for the Case FIR 0016/2015 of PS-
Vasant Kunj South and MACT claim if any.
3. That out of the total sum of Rs 20,000/- (Rs.
Twenty thousand only) the Second Party would
pay a sum of Rs 10,000/- (Rs. Ten Thousand) in
DD before the Hon'ble High Court of Delhi at
New Delhi at the time of recorded her statement
and quash the aforesaid FIR and remaining of Rs
10,000/- (Rs. Ten Thousand only) by way of
equal monthly installment of Rs 5000/- (Rs. Five
Thousand) by way of Cheque on the receipt and
if the second Party would provide the account
Number then it would be deposited in the account
by way of money transfer or directly depositing
through cheque of the First Party.
4. That the Third party under takes that after
quashed the aforesaid FIR she would not filed
any other case against the First Party and Second
party.
5. That the first p[arty and Second party under
take that they would not give any phone call to
the Third party and the above mentioned friends
of the Third party, who were available at the site.
6. That the First party and Second party under
take that she would not follow directly or
indirectly to the third party and the above
mentioned friends of the third Party who were
available at the site.
7. That the First party and Second party under
Take that they would not interfere in any manner
in the life of the third party and the above
mentioned friends of the third Party who were
available at the site.
8. That if the first/second party defaults on any
of the above terms and conditions or anything
goes wrong with the third party and her above
mentioned friends available at the site then the
husband of the Second party would be made
liable for the same.
9. That the Third party has amicably agreed to
help the First party and Second party to get the
above said FIR quashed from the Hon'ble High
Court of Delhi as per the provision of Section
482 Code of Criminal Procedure or under Art.
227 of Constitution of India.
10. That it has also been agreed that no party
shall interfere in the personal and professional
life of each other party in future."
5. In a nutshell it has been agreed by and between the parties that on the
petitioner paying the complainant a sum of Rs.20,000/- which has been
handed over in cash in court today, the complainant would cooperate with
them in seeking quashing of the subject FIR.
6. A perusal of the foregoing reveals that the present case does not fall
within the categories exempted by the Supreme Court in Gian Singh v. State
of Punjab, (2012) 10 SCC 303, as offences which cannot be settled or
quashed. Furthermore, the complainant has already been reimbursed and
compensated for the expenses incurred by her towards treatment of the
injuries caused to her as a consequence of the accident.
7. In view of the foregoing, since the dispute arising out of the accident
by a vehicle owned by petitioner No.1 and being driven by petitioner No.2,
has been resolved amicably between the parties, without any undue
influence, pressure or coercion and the complainant has already been
reimbursed and compensated for the expenses incurred by her towards
treatment of the injuries caused to her as a consequence of the said accident,
no useful purpose will be served by proceeding with the subject FIR.
8. Resultantly, FIR No.16/2015 under Sections 279/337 IPC registered at
Police Station- Vasant Kunj South and the proceedings arising therefrom are
hereby set aside and quashed qua the petitioners.
9. With the above directions, the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 22, 2015
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