The voluntary nature of settlements and lack of remaining grievance from the complainants can lead to the quashing of FIR and related proceedings.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 20399/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 5381/2023

1. Present petition has been filed under section 482 CrPC seeking quashing of case FIR No. 0203/2022 dated 24.07.2022 registered under Sections 279/337 IPC at PS Chitranjan Park and all other criminal proceedings arising therefrom. The said FIR was lodged on the statement of respondent No. 2 namely Atif, alleging that the petitioner drove in a rash and negligent manner and caused an accident on 24.07.2022 resulting in the damage of the cars of respondent Nos. 2 and 3 herein. It has been submitted that later on section 185 of the Motor Vehicles Act was also added.

2. Briefly set out the allegations as per the FIR are that on 24.07.2022 at about 2.30 a.m., when the complainant was returning home to Jasola from Green Park and was on the flyover towards Nehru Place from Chirag Delhi flyover, in his car bearing no. DL 4C AX 1257, Honda City. Allegedly, one Mahindra Nexibo bearing registration No. DL 1 LV 9137 was moving on the left side of his car. It has been alleged that one Creta bearing registration No. UP 16CA 8665 while driving in a rash and negligent manner hit the car moving on the left side of the complainant's car, resulting in the Mahindra Nexibo overturning and hitting the car of the complainant. As a result of which the complainant's car hit the divider and spun uncontrollably. It has been alleged that all the three cars were damaged very badly. The public on the spot rushed to help all the three drivers and the complainant called the police. Later all the drivers were sent to the hospital for treatment. It has been alleged that the Mahindra Nexibo was driven by respondent No. 3/Deepak Kumar and the Creta was being driven by the petitioner Siddharth Gupta. Basis the said allegations, the present FIR was lodged against the petitioner.

3. Subsequently, respondent No. 3 initiated a claim before the Ld. MACT, Saket District Courts, New Delhi, bearing MACT No. 129/2023 titled Deepak Kumar vs Siddharth Gupta. However, while the proceedings were underway, the petitioner entered into a settlement with the respondent No. 3 before the Ld. MACT on 18.07.2023 for a total consideration of Rs.40,000/-, of which Rs.20,000/- was paid in cash before the Ld. Tribunal and the remaining Rs.20,000/- was to be paid during quashing of the said FIR before this Court. The said terms were also recorded in the order dated 18.07.2023 passed by the Ld. PO, MACT, Saket Courts. The relevant excerpt has been reproduced hereunder:

".....Vide separate statement recorded in this Tribunal today it is stated by injured/claimant Deepak and R-1/driver that they have amicably settled the present case as well as criminal case arising out of this accident in FIR no. 203/22, PS C.R. Park, for a sum of Rs.40,000/-.

Out of which Rs.20,000/- is received by the injured Deepak Kumar in cash today in this Tribunal from driver/Siddharth Gupta towards full and final settlement of present MACT compensation case.

It is further agreed between them that remaining Rs.20,000/- would be paid at the time of disposal of connected criminal case FIR no. 203/22, by way of quashing or otherwise before Hon'ble High Court of Delhi.

Such, Deepak Kumar further undertakes to cooperate with the R-1 and present before Hon'ble High Court of Delhi and Ld. Ilaka MM for the purpose of disposal of connected criminal case.

As such, at request of injured Deepak, and statement recorded today, present case is disposed off as settled between the parties, which is a fair compensation."

4. Thereafter, the petitioner in order to resolve all the disputes with the respondent No. 2, entered into a settlement with the respondent No. 2 vide MoU dated 31.07.2023 on the following terms and conditions:

"1. It has been agreed that the First Party shall pay a sum Rs.4,50,000/- (Rupees four lakhs fifty thousand only) to the Second Party by way of