Shoaib Kohli vs State GNCT Of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 79

DINESH KUMAR SHARMA
Shoaib Kohli – Appellant
Versus
State GNCT Of Delhi – Respondent

Advocate Appeared:
For the Appellant :Mr. Ashim Vachher with Mr. P. Piyush, Advocates.
For the Respondent: Mr. H.S. Popli, with SI Suresh Kumar, PS Vasant Vihar, Mr. Sumeet Shokeen, adv

JUDGMENT :

DINESH KUMAR SHARMA, J.

CRL.M.A.2135/2023 (exemption)

Exemption allowed subject to all just exceptions.

CRL.M.C. 540/2023

1. This is a petition for quashing of FIR No.55/2017 under Sections 279/304A IPC registered at Police Station Vasant Vihar and all proceedings emanating therefrom.

2. Facts in brief are that the above FIR was lodged on the basis of DD No.47A. The allegations in the FIR are that petitioner was driving vehicle bearing No. CH 01 AZ 2534 and accident occurred with a car bearing No. No.HR 55X 4375 Wagon-R/Taxi. Consequent to the alleged accident, the driver of the Taxi was taken to the Hospital where he was declared ‘brought dead’. After the investigation, chargesheet under Sections 279/304A IPC was lodged against Sohain Kohli @ Shoaib Kohli.

3. Learned Counsel for the petitioner submits that with the intervention of elders and respected persons, the parties have arrived at a settlement and thereupon MOU dated 17.01.2023 has been entered into by the parties. He further submits that continuance of the FIR No. 55/2017 under Sections 279/304A IPC registered at Police Station Vasant Vihar would be an abuse of the process of the Court in terms of the amicable settleme

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