Delhi High Court
Sushil Saxena vs State Govt. Of Nct Of Delhi And Anr on 27 May, 2025
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 27.05.2025
+ CRL.M.C. 3092/2025
SUSHIL SAXENA ....Petitioner
Through: Mr. Prabhat Saini, Advocate
(through vc)
Petitioner is present through vc
versus
THE STATE GOVT. OF NCT OF DELHI AND ANR.
...Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Ajay
Kumar, P.S.Ashok Vihar.
Mr. Advocate for respondent
no.2 (through vc) (appearance
not given.
R-2 is present though vc
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
Crl. M.A.13680/2025 (Exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
1. This petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeks quashing of FIR NO. 204/2019 Under
Sections 279/338 of the Indian Penal Code registered at P.S. Ashok
Vihar, and all proceedings arising therefrom pursuant to a settlement
between the parties.
2. On 07.06.2019, Mrs. Sharda was hit by a car driven by Sushil
Saxena, causing serious injuries to her. She was later diagnosed with
fractures at St. Stephen's Hospital on 11.06.2019. Based on her
complaint and medical report, an FIR under Sections 279/338 IPC was
registered.
3. During the pendency of the proceedings, the parties amicably
resolved their disputes through a compromise/MOU dated 26.04.2025.
Pursuant to this settlement, both parties agreed to mutually resolve all
outstanding issues. The said MOU/compromise deed dated 26.04.2025
has been placed on record as Annexure P4.
4. Both the parties were presented before the JR on 05.05.2025,
for recording their statements, which reads as follows;
"05.05.2025
1. The present non contentious petition has been filed by the petitioners
under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023
for quashing of the FIR NO. 204/2019 Under Sections 279/338 of the
Indian Penal Code registered at P.S. Ashok Vihar on the basis of
settlement arrived at between the parties.
2. As per the submissions, the matter between the petitioner and R-2
has been amicably settled.
3. Vide separate statement recorded in this behalf, petitioner stated that
dispute between him and R-2 has been amicably settled as per the
settlement deed dated 26.04.2025. The settlement has been arrived at
between the parties herein without any force, coercion, undue
influence and pressure. He has signed the settlement deed with his
wish and will. Vide separate statement recorded in this behalf, R-2
stated that dispute between R-2 and petitioner has been amicably
settled as per the settlement deed dated 26.04.2025. The settlement
has been arrived between the parties herein without any force,
coercion, undue influence and pressure and the settlement deed has
been signed with wish and will.
4. Investigating Officer is present in Court and has duly verified the
identity of both the parties. Separate Statement of Investigating
Officer has also been recorded.
5. The parties along with their counsels have confirmed that the
settlement deed has been duly entered into between them.
6. Learned counsel for State/APP enters appearance and acceptsnotice.
He submits that in view of the statement recorded, let the matter be
placed before the Hon ble Court.
7. The compromise/settlement deed is in writing and has been duly
signed by both the parties. I have heard both the parties and from the
direct dialogue with both the parties, it is observed that the consent
of both the parties is found to be genuine and has not been obtained
under undue influence or pressure.
8. In view of the above, matter be placed before the Hon ble Court
on 27.05.2025."
5. Parties have entered their appearance through VC with
respective Advocates. They have been identified by their respective
counsels as well as by the Investigating Officer SI Ajay Kumar from
PS Ashok Vihar.
6. Respondent No. 2 submits that the matter has been amicably
settled with the Petitioners without any force, fear, or coercion. She
states that she has received Rs.9,36,554.42/- by virtue of decree dated
11.02.2025 passed by the Motor Accident Claim Tribunal. She has no
objection to the terms and conditions mentioned in the
Compromise/Settlement Deed dated 26.04.2025 and further submits
that she has no objection if FIR No. 204/2019 under Sections
279/338 of the Indian Penal Code, registered at P.S. Ashok Vihar,
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 FIR
NO. 204/2019 Under Sections 279/338 of the Indian Penal Code
registered at P.S. Ashok Viharalongwith 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 FIR NO. 204/2019 Under Sections 279/338 of the
Indian Penal Code registered at P.S. Ashok Vihar and all the other
consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO.
204/2019 Under Sections 279/338 of the Indian Penal Code registered at
P.S. Ashok Vihar along with 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
MAY 27, 2025/na
