JUDGMENT

RAJNISH BHATNAGAR, J.

1. This is a petition filed by the petitioners under Section 482 Cr.P.C. seeking quashing of FIR No. 471/2022 under Sections 279/337/307/427/109 IPC and Sections 3/181/185/188 of Motor Vehicles Act registered at Police Station Prasad Nagar and all proceedings emanating therefrom.

2. In brief the facts of the case are that on 19.09.2022, a PCR Call was received in Police Station Prasad Nagar, Delhi vide DD No. 61 at 20:31 hrs and the PCR call was marked to ASI Ishwar who alongwith Ct. Akhilesh went to the place of incident where the driver of the offending vehicle, namely, Sudhir Jain (Petitioner herein) was present. The injured, namely, Himanshu had already been shifted to BLK Hospital so ASI Ishwar rushed to BLK Hospital and found the injured to be admitted in the said hospital vide MLC No. 572/22 in which the Doctor mentioned "Alleged H/o RTA at Padam Singh Road. Pt hit by moving car. No. DL 7C9954 H/o LOC/ Vomitting/ Convulsion/ ENT Bleeding. OE conscious, oriented". Thereafter, the statement of injured-Himanshu s/o Sh. Ranvir Singh R/o 5550/74, Regarpura, Padam Singh Road, Karol Bagh New Delhi, Age 26 yrs was recorded in which he stated that he has a shop of disposable paper, plates items on the ground floor of his house and at about 7:30 PM while he was parking his scooty around the front of his shop, he was hit by the offending vehicle No. DL7CG9954. The offending vehicle dragged him with his scooty for a few metres resulting in injuries to him and damage to his scooty and other vehicles parked on the roadside. It is further alleged that he suffered injuries because of rash and negligent driving by the driver of the offending vehicle who was in a drunken state.

3. On the basis of the statement of the injured/complainant, the case vide FIR No. 471/2022 Dated 19.09.2022 under Sections 279/337 IPC was got registered at Police Station Prasad Nagar.

4. During investigation, all the vehicles including the offending car i.e., white Fortuner (DL 7C 9954), damaged scooty (DL6SAS 3696) and other damaged vehicles i.e., one Hyundai I-10 bearing (DL 2C AR3274), one Maruti Wagon R (DL 8C AW 7742) and one Cycle rickshaw were seized in this case. The injury received by the complainant-Himanshu was found to be grievous in nature and thus, Section 337 IPC was replaced with Section 338 IPC. The charge sheet under Sections 279/338 IPC and 3/181 MV Act was filed on 22.12.2022 before the Ld. trial Court while the DAR was also filed before Ld. MACT (Central), Tis Hazari Courts, Delhi.

5. Subsequently, on 05.10.2023 DAR in cancellation form was submitted in MACT No. 986/2022 and MACT No. 206/2022. On 18.11.2023, both the parties submitted that they had amicably settled in terms of the MOU dated 09.11.2023 for a total sum of Rs. 35,00,000/- and out of the said settlement amount, a sum of Rs. 5,00,000/- has already been received by the complainant. Vide Order dated 18.11.2023, statements of both the parties were accepted by the Ld. MACT in MACT No. 986/2022 and MACT No. 206/2022, and the same were disposed of as settled.

6. Learned Sr. Counsel for the petitioners submitted that the parties have settled the matter amicably in terms of the Memorandum of understanding dated 09.11.2023. He submitted that the petitioners and respondent No.2 have decided to withdraw the complaint and seek quashing of FIR with their mutual consent thoughtfully and willingly, and there is no threat, force, fraud or undue influence acting upon them to have come to this decision of settlement by way of mutual consent. He further submitted that the FIR against the petitioners is misconceived and is an abuse of the process of law being infested with incorrect facts and baseless assumptions as even if for the sake of arguments, the allegations made by the prosecution are considered to be true, there was neither any motive nor intention to kill the complainant/respondent No. 2 and as such the petitioners cannot said to have committed an offence punisha