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High CourtsSingle Bench(2018) 08 DEL CK 0049

Ratnesh Pandey vs State & Anr

Delhi High Court · Decided on 3 August 2018

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
CRL.M.C. 3902 OF 2018

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Judgment

11 paragraphs · 331 words

SANJEEV SACHDEVA, J

Crl.M.A. 29272/2018 (exemption)

Exemption is allowed subject to all just exception.

CRL.M.C.3902/2018

1.

The petitioner seeks quashing of FIR No.75/2014 under Sections 279/337 IPC, Police Station Mandawali and the consequent proceedings arising therefrom, based on a settlement.

2.

Subject FIR was registered consequent to an accident which took place between the vehicle of the petitioner and the respondent No.2. The complainant sustained injuries in his leg. The leg of the complainant has subsequently been amputated on account of a medical condition.

3.

It is contended that the parties have settled their disputes. The complainant has been paid compensation of Rs.10 lacs by the insurance company of the vehicle of the petitioner. In addition thereto the petitioner has agreed to pay an additional sum of Rs.2,10,000/-. It is stated that the said payment has also been made.

4.

The respondent No.2 present in Court in person, represented through counsel and identified by the Investigating Officer. He submits that he has received the entire amount of Rs. 12,10,000/-. He further submits that he has settled the disputes with the petitioner and does not wish to prosecute the FIR any further and has no objection to the quashing of the FIR and the consequent proceedings emanating there from.

5.

In view of the fact that the respondent No.2 has settled his the disputes with the petitioner and does not press charges against the petitioner, 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. The FIR No. 75/2014 under Sections 279/337 IPC, Police Station Mandawali and the consequent proceedings arising therefrom are, accordingly, quashed.

7.

Order Dasti under the signatures of the Court Master.