Court may quash FIR when a private dispute is settled between parties and continuation of proceedings serves no public interest.

JUDGMENT :

MANOJ JAIN, J.

1. Petitioner herein seek quashing of FIR No. 113/2019 dated 28.05.2019, registered at P.S. Jagatpuri, Delhi, for commission of offences under Sections 279 /338 IPC and Sections 3 /181/180 of Motor Vehicle Act, 1988, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Charge-sheet has been filed and charges have also been ascertained for the abovesaid offences and, even the concerned injured/complainant i.e. respondent No.2-Tikam Singh herein has entered into witness box.

3. Fact remains that both the sides have now settled all their disputes under the aegis of Delhi Mediation Centre, Karkardooma Courts.

4. As per the terms of settlement, the petitioner herein has agreed to make payment of Rs.70,000/- as consolidated compensation towards medical expenditure, incurred by opposite side.

5. However, it seems that the present petition has been filed, merely, for the in nature.

6. Respondent No.2 is present in person with his counsel and has been duly identified by his counsel as well as IO, and he reiterates the terms of settlement and acknowledges receiving the compensation amount, on behalf of his minor-son, who had received injuries.

7. As per the prosecution’s version, the petitioner herein i.e. accused, was driving a private car bearing No.DL-7CP 4677, and the car was hit by another car from behind. A boy aged 11 years i.e. Kartik Priya Singh (son of respondent No.2 herein) had left his house to buy some articles and was caught in the abovesaid collision, which resulted in injuries on his legs.

8. Respondent No.2 submits that his son has now fully recovered and they have been duly reimbursed with respect to the medical expenses and the matter has been amicably settled and, therefore, as per wish and desire of his son, he is no longer interested in pursuing with the present FIR and would have no objection if the FIR is quashed.

9. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.

10. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS , it is deemed appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No. 113/2019 dated 28.05.2019, registered at P.S. Jagatpuri, Delhi, for commission of offences under Sections 279 /338 IPC and Sections 3 /181/180 of Motor Vehicle Act, 1988, along with all consequential proceedings emanating therefrom, is hereby, quashed.

12. The petition stands disposed of in aforesaid terms.

13. Pending application also stands disposed of in aforesaid terms.