The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the possibility of conviction is remote and bleak, and continuation of the case would be an abuse of the process of the court.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under section 482 Cr. P.C. for quashing of case FIR NO. 338/2014, registered at P.S. Lodhi Colony on 23.11.2014, under sections 279/323/354/34 of IPC.

2. Learned counsel for the petitioner submits that the complaint was lodged by respondent No. 2 on a minor altercation which occurred due to the alleged rash and negligent manner in which the minor son of the petitioner was driving the car. Learned Counsel for the petitioner submits that after the investigation, the charge sheet under Section 354 IPC was filed against the petitioner and under Sections 279 IPC and petitioner under Section 323/354 IPC and 5/181 MV Act against Varun Kumar Puri. However, the learned Trial Court dropped the said charges against the Petitioner.

3. Learned counsel submits that Varun Puri has now gone abroad for his further education. However, an application bearing no. Crl. M.A. 3679/2023 has been moved for his impleadment as the same is necessary for the proper adjudication.

4. In view of the submissions made, the impleadment application bearing no. Crl. M.A. 3679/2023 is allowed.

5. Learned counsel for the petitioner further submits that the matter was referred to the mediation and in the Delhi High Court Mediation & Conciliation Centre, a settlement has taken place qua the petitioner and his son Mr. Varun Puri. A settlement agreement dated 17.01.2023 has been enacted between the parties, on the following terms and conditions:

"1. The complainant has agreed to withdraw his complaint/FIR against Dr. Yogender Kumar Puri and also his son Varun Puri, on being expressed deep and heailily regrets by Dr. Yogender Kumar Puri, regarding the unfortunate incident which had taken place at the spur of the moment.

2. The complainant has graciously accepted the deep regret keeping in mind also the fact that much time has elapsed in between, during which period the son Varun Puri has gone abroad for his further MBA studies; and further that Dr. Yogender Kumar Puri has also retired from his government service. Fmlher that, there is no other dispute existing between the parties except the incident which had taken place and the parties have expressed that their amicable resolving of the dispute would be in the interest to keep harmony and peace in the society with no evil feelings towards each other.

3. The complainant thus has no objection if the case FIR no. 338/2014, PS Lodhi Colony, and all consequent proceedings thereupon is quashed/compounded against Dr. Yogender kumar Puri and his son Varun Puri; and the dispute is put to rest, in the overall interest of justice. The complainant has received a sum of Rs 1,00,000/- (Rupees One Lakh Only) towards legal cost. On the aforesaid facts, the parties have appended their signatures voluntarily and without any force or coercion.

4. It is further agreed by all the parties that the parties will co- operate in drafting and signing the petitions as well as for making necessary statements before the concerned Court, Delhi.

5. That all the parties hereto have understood the entire contents of this Settlement Agreement, which are explained to them in Vernacular as well. The parties hereto have signed this Settlement Agreement in full senses, free will, consent without any type of force, undue influence or coercion by either party and all the parties will remain bound by this settlement in letter and spirit.

6. By signing this Settlement Agreement, the parties hereto state that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.

7. That the parties undertake before the Hon'ble Court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future.

8. The parties agree that they shall appear before the Hon'ble Court during the physical/virtual hearing to make their statements