Robin Raju vs State
2018 Latest Caselaw 5847 Del

$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 26.09.2018

+       CRL.M.C. 4930/2018
ROBIN RAJU                                             ..... Petitioner
                           versus

STATE                                                  ..... Respondent
Advocates who appeared in this case:
For the Petitioner:        Mr.Abhishek Gupta, Advocate.

For the Respondent:        Mr.Hirein Sharma, Addl. PP for the State
                           with SI Sunil Kumar, P.S.Tilak Marg.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

26.09.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 32993/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 4930/2018

1. Petitioner seeks quashing of FIR No. 376/2015 under Section 279/337 of IPC. Chargesheet has been filed in addition under Section 338 and 146/196 of the Motor Vehicles Act at Police Station Tilak Marg.

2. Subject FIR was registered consequent to an accident that took place between the Santro car being driven by the petitioner and the motorcycle of respondent Nos.2 & 3.

3. It is contended that the parties have settled their disputes before the Motor Accidents Claim Tribunal. Petitioner has agreed to pay a total sum of Rs.4,25,000/- in full and final settlement of all the claims of the respondent Nos.2 & 3 towards the injuries sustained as well as the motor expenses. The entire amount of Rs.4,25,000/- has already been paid.

4. Respondent Nos.2 & 3 are present in Court in person, identified by the Investigating Officer. They confirm that they have received the settlement amount and have settled the disputes with the petitioner and do not wish to prosecute the FIR any further and have no objection to the quashing of the FIR and the consequent proceedings emanating there from.

5. In view of the fact that the respondents have settled their disputes with the petitioner and do not wish to prosecute the complaint any further, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

6. In view of the above, the petition is allowed. FIR No. 376/2015 under Section 279/337 and 338 of IPC and Sections 146/196 of the Motor Vehicles Act at Police Station Tilak Marg and the consequent proceedings arising therefrom are, accordingly, quashed.

7. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 26, 2018 rk