The voluntary settlement agreement between the parties, free from influence, pressure, or coercion, can warrant the quashing of an FIR and the proceedings arising therefrom.

SIDDHARTH MRIDUL, J.

CRL.M.A.5572/2016 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 1081/2016 & CRL.M.A.5571/2016 (Stay)

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.511/2015, under Section 279 IPC, registered at Police Station- Defence Colony, Delhi and the proceedings arising therefrom.

2. The subject FIR came to be registered as a consequence of a collision between the vehicles driven by the petitioner No.1 on the one hand and by the complainant/respondent No.2 on the other. Pursuant to the registration of the subject FIR, the aforesaid parties have entered into a settlement dated 14.03.2016 with the aid and assistance of the Mediation Centre, Saket Courts, Delhi which is annexed to the present petition as Annexure-P-2 (Collectively). The salient terms and conditions of the afore-stated settlement agreement dated 14.03.2016 are as under:-

“SETTLEMENT AGREEMENT

THIS AGREEMENT of settlement made at New Delhi on this 14th Day of March, 2016 between Ms. MADHU BISEN wife of Mr. Ajay Singh Bisen resident of H.No.A 456, 1st Floor, Defence Colony, New Delhi-110024 (hereinafter called Party No.1) of the ONE PART and Ms. RUCHIKA DARIRA daughter of Mr. Lokesh N. Darira, resident of H.No.5/22, Ground Floor, Sarvapriya Vihar, New Delhi – 110016 (hereinafter called Party No.2) of the OTHER PART.

WHEREAS disputes and differences have arisen between the parties aforementioned regarding a motor accident which occurred on 29.12.2015, involving the cars of the aforesaid parties being Car No.MH02 BY 7398 of the Party No.1 and car No. DL 12 CH 6022 of the Party No.2.

AND WHEREAS pursuant whereto, Party No.2 got registered FIR No.511 of 2015 dated 31.12.2015, at PS Defence Colony under Section 279 IPC, against Party No.2.

AND WHEREAS pursuant whereto, Party No.2 got registered FI RNo.511 of 2015 dated 31.12.2015, at PS Defence Colony under Section 279 IPC against, against Party No.1.

AHS WHEREAS Party No.2 also filed a Civil Suit No.55 of 2016, titled ‘Ruchika Darira vs. Madhu Bisen’, claiming an amount of Rs.1,00,000/- (Rupees One Lakh Only) towards mental agony.

AND WHEREAS the parties have agreed to settle their disputes and differences amicably between themselves without recourse to litigation and for that purpose are willing to abandon their claims in the manner hereinafter appearing.

1. That the party no.2 voluntarily agrees to withdraw without liberty to re-file, the Civil Suit No.55 of 2016, filed by her against Party No.1, which is pending at Saket District Courts, New Delhi, on its next date of hearing i.e. 14th March, 2016. That in consideration for the same, party no.1 undertakes to make payment without prejudice of Rs.30,000/- (Rupees Thirty Thousand Only), vide bankers cheque No.435878 dated 10.03.2016 drawn on State Bank of India, Defence Colony in favour of the party No.2, on the date on which the Court of the Ld. Civil Judge is pleased to record and allow the withdrawal of the Civil Suit No.55 of 2016, by the Party No.2.

2. That the party No.2 voluntarily agrees to the quashing of FIR No.511 of 2015, on the basis of compromise arrived at by the mutual consent of both the aforesaid parties, against the payment without prejudice of Rs.10,000/- (Rupees Ten Thousand Only), by the Party No.1 to the Party No.2 Rs.30,000/- (Rupees Thirty Thousand only), vide bankers cheque no.435877 dated 10.03.2016 drawn on State Bank of India, Defence Colony in favour of the Party No.2, on the date on which the Hon’ble High Court of Delhi is pleased to quash the aforesaid FIR No.511/2015.

3. That the Party No.1 undertakes to file the petition seeking quashing of FIR No.511/2015, before the Hon’ble High Court of Delhi, on or before 31st March, 2016.

4. That Party No.2 voluntarily agrees and undertakes to appear before the Hon’ble High Court of