Arpit Kumar vs State Nct Of Delhi And Anr
2025 Latest Caselaw 716 Del

Delhi High Court

Arpit Kumar vs State Nct Of Delhi And Anr on 9 July, 2025

                          $~83
                          *        IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                         Date of decision: 09.07.2025
                          +        W.P.(CRL) 390/2025

                                   ARPIT KUMAR                                            .....Petitioners
                                                      Through:      Mr. Gulshan, Adv. along with
                                                                    petitioner in person.
                                                      versus

                                   STATE NCT OF DELHI AND ANR.         ... Respondents
                                                  Through: Mr. Anand V. Khatri, ASC with
                                                           SI Chanderveer, PS-Amar Colony.
                                                           Respondent no.2 through VC.

                          CORAM:-
                          HON'BLE MR. JUSTICE RAVINDER DUDEJA

                                                      JUDGMENT(ORAL)

RAVINDER DUDEJA, J.

1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR no. 512/2022 registered under sections 279/338 IPC at PS Amar Colony, and all proceedings arising therefrom pursuant to a settlement between the parties.

2. On 01.09.2022 the complainant Deepak Bouthiyal was hit by a speeding motorcycle (DL5BY7571) that jumped a red light at Sant Nagar, causing grievous injuries and fractures, following which he was taken to AIIMS Trauma Centre for treatment. Due to his condition, he could not immediately report the incident but later filed a written complaint on 06.09.2022 from his residence. Based on his complaint and the MLC

received from AIIMS, a case under Sections 279 and 337 IPC was registered at PS Amar Colony against the motorcyclist Arpit.

3. During the proceedings, both parties entered into a Compromise/Settlement Deed dated 21.10.2024 before the mediation centre, Saket. The parties have amicably settled all disputes arising out of FIR No. 512/2022, with the petitioner Arpit agreeing to pay ₹45,000/- to the respondent no. 2/complainant within one week as full and final settlement. A copy of the settlement deed arrived in the mediation center is annexed as Annexure A-2.

5. Petitioner is physically present before the Court while respondent no.2 has entered appearance through VC. They have been identified by the counsel as well as by the Investigating Officer SI Chanderveer, PS-Amar Colony.

6. Respondent No. 2submits that the matter has been amicably settled with the Petitioner without any force, fear, or coercion and confirms that he has received the settlement amount. He has no objection to the terms and conditions mentioned in the Compromise/Settlement Deed dated 21.10.2024 and further submits that he has no objection if FIR no. 512/2022 registered under sections 279/338 IPC at PS Amar Colony along with all pending proceedings arising therefrom, is quashed against the Petitioners.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR no. 512/2022 registered under sections 279/338 IPC at PS Amar Colony along with pending proceeding is quashed.

8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

9. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR no. 512/2022 registered under sections 279/338 IPC at PS Amar Colony and all the other consequential proceeding emanating therefrom.

10. In the interest of justice, the petition is allowed, and FIR no. 512/2022 registered under sections 279/338 IPC at PS Amar Colony along with the charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

11. Petition is allowed and disposed of accordingly.

12. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J JULY 09, 2025/na