Rohit Kapur vs State Of Nct Of Delhi & Anr.

Exemption allowed, subject to all just exceptions.

Petitioner seeks quashing of FIR No. 0498/2025 registered at Police Station Kamla Market for commission of offences under Sections 281/125(a) of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 279/337 IPC) along with all consequential proceedings arising therefrom, on the basis of settlement arrived at between the parties. In the charge-sheet, Sections 125(b) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 338 IPC) and Section 146/1196 of Motor Vehicle Act, 1988 have been added.

Complainant Ravinder Mahto (respondent No. 2 herein) is an auto-rickshaw driver and on 21.12.2025, he was going towards Ajmeri Gate, when a Honda City car, driven by petitioner herein, came from behind and hit his auto. On account of collision, his auto overturned. Jitender (brother-in-law of respondent No. 2) was travelling in the aforesaid auto. Though Jitender did not receive any injury, complainant/auto-driver suffered grievous injuries.

Charge-sheet has already been filed and claim under Motor Accident Claim Tribunal has also been filed which is registered as MACT Case No. 294/2026.

However, parties have been able to resolve all their disputes.

Terms of settlement have been reduced in writing vide Settlement Agreement dated 18.07.2026 and as per settlement, injured i.e. respondent No. 2 has agreed to accept a sum of Rs. 60,000/- as full and final settlement with respect to accident in question, injuries and claim petition. He has been has been handed over a sum of Rs. 20,000/- in cash and demand draft for a sum of Rs. 40,000/- bearing No. 083175 dated 13.07.2026 drawn on Standard Chartered Bank, D-33, Defence Colony, New Delhi Branch during course of the proceedings, which he has accepted towards full and final settlement of his claim. He submits that in view of the aforesaid settlement, he would not seek claim in the aforesaid MACT matter either.

Respondent No. 2 also submits that he has entered into the abovesaid settlement out of his own free will, without any coercion and influence from any corner whatsoever and therefore, he would have ‘no objection’ if FIR in question is quashed.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose.

Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR. Consequently, to secure the ends of justice, FIR No. 0498/2025 registered at Police Station Kamla Market for commission of offences under Sections 281/125(a) of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 279/337 IPC) along with all consequential proceedings arising therefrom, is quashed.

Let original affidavits of the parties and original Memorandum of Understanding be deposited with the concerned learned Trial Court within two weeks so that these become part of record.

The petition stands disposed of in aforesaid terms.