Sabhya Dutta vs State & Anr.
2021 Latest Caselaw 231 Del

$~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.

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

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

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