Delhi High Court
Ashit Roy vs State & Ors. on 15 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 15, 2019
+ CRL.M.C. 2614/2019 & Crl.M.A. 10462/2019
ASHIT ROY ..... Petitioner
Through: Mr. Santosh Kumar Mishra,
Mr. Satender Kumar Mishra &
Mr. B.N.Mishra, Advocates.
Versus
STATE & ORS. ..... Respondents
Through: Mr. M.S.Oberoi, Additional Public
Prosecutor for respondent No.1-
State with SI Naresh Kumar.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 153/2015 under Sections 279/337/338 IPC,
registered at Police Station Connaught Place, New Delhi is sought on the
basis of mediated settlement of 14th February, 2019 and on the ground
that the accident in question took place due to sheer error of judgment
and that there was no negligence on the part of petitioner.
Upon notice, learned Additional Public Prosecutor for respondent
No.1-State submits that respondents No.2 & 3, present in the Court, are
the complainants/injured of FIR in question and they have been identified
to be so, by SI Naresh Kumar on the basis of identity proof produced by
them.
Respondents No.2 & 3, present in the Court, submit that aforesaid
mediated settlement of 14th February, 2019 and terms thereof have been
fully acted upon as they have been duly compensated and that accident in
question had not taken place due to negligence of petitioner. Respondents
No.2 & 3 affirms the contents their affidavits of 9th May, 2019 supporting
this petition and submit that the proceedings arising out of the FIR in
question be brought to an end.
Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai
Vs. State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for
exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of
FIR/criminal proceedings, which are as under:-
"16.7. As distinguished from serious offences, there may be
criminal cases which have an overwhelming or predominant
element of a civil dispute. They stand on a distinct footing insofar
as the exercise of the inherent power to quash is concerned.
16.8. Criminal cases involving offences which arise from
commercial, financial, mercantile, partnership or similar
transactions with an essentially civil flavour may in appropriate
situations fall for quashing where parties have settled the dispute.
16.9. In such a case, the High Court may quash the criminal
proceeding if in view of the compromise between the disputants,
the possibility of a conviction is remote and the continuation of a
criminal proceeding would cause oppression and prejudice".
Considering the facts and circumstances of this case and the fact
that the accident in question had taken place due to sheer error of
judgment and in view of mediated settlement of 14th February 2019, I
find that continuance of proceedings arising out of the FIR in question
would be an exercise in futility.
Accordingly, this petition is allowed, subject to costs of ₹10,000/-
to be deposited by petitioner with Prime Minister's National Relief Fund
within a week from today. Upon placing on record the proof of deposit of
costs within a week thereafter and handing over its copy to the
Investigating Officer, FIR No. 153/2015 under Sections 279/337/338
IPC, registered at police station Connaught Place, New Delhi and the
proceedings emanating therefrom shall stand quashed qua petitioner.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 15, 2019
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