Tarun Kumar Nayak vs State & Anr
2016 Latest Caselaw 3943 Del

#16

         IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                 Date of decision: 24.05.2016

        W.P.(CRL) 1640/2016

        TARUN KUMAR NAYAK                                   ..... Petitioner

                          Through :    Ms. Jyoti Gupta, Adv.

                          versus

        STATE & ANR                                     ..... Respondents
                          Through :    Ms. Richa Kapoor, ASC (Crl.) with
                                       Ms. Mallika Parmar, Adv. with SI
                                       Surendra Singh PS Fatehpur Beri in
                                       person.

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 seeking

        quashing of FIR No.839/2015 under section 279 IPC registered at

        police station Fatehpur Beri, Delhi and the proceedings arising

        therefrom.



W.P.(CRL.) 1640/2016                                                    Page 1 of 3
     2. The said FIR came to be registered in the aftermath of a collision

        between two motor vehicles driven by the petitioner and the

        complainant/respondent no.2 respectively.

    3. It is an admitted position that subsequent to the registration of the FIR,

        Mr. Nitin Trehan, the complainant/respondent no.2 as well as the Mr.

        Tarun Kumar Nayak, the petitioner, have amicably resolved the

        dispute relating to the damages caused to the vehicle of the former as a

        consequence of the aforementioned collision. Mr. Nayak, the

        petitioner, has handed over a Demand Draft in the sum of Rs.50,000/-

        in favour of Mr. Trehan, the complainant, in Court today. Mr. Trehan

        has received the aforesaid Demand Draft, towards the reimbursement

        of the damages caused to his vehicle.

    4. In the present case, it is observed that the offences in the subject FIR

        do not fall within the exempted categories of serious/heinous offences

        which ought not to be quashed on the ground of an amicable

        resolution of the disputes. [Ref. Gian Singh vs. State of Punjab and

        Anr. reported as (2012) 10 SCC 303]. The offences alleged to have

        been committed in the subject FIR are private in nature and do not

        have a serious impact on society.




W.P.(CRL.) 1640/2016                                                     Page 2 of 3
     5. In view of the foregoing, since the dispute which resulted in the

        registration of the subject FIR which was a result of an accident

        between the vehicles of the parties, has already been resolved

        amicably by and between the parties without any undue influence,

        pressure or coercion, no useful purpose will be served by proceeding

        with the subject FIR and the proceedings arising therefrom.

    6. Consequently, the FIR No.839/2015 under section 279 IPC registered

        at police station Fatehpur Beri, Delhi and the proceedings arising

        therefrom, are set aside qua Mr. Tarun Kumar Nayak, the petitioner

        herein.

    7. Petition is allowed and disposed of accordingly.



                                                SIDDHARTH MRIDUL, J.

MAY 24, 2016/dk