* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 5^th November, 2024 + W.P.(CRL) 3138/2024 SANTOSH .....Petitioner Through: Mr. Virendra Kumar, Mr. Abhinav, Mr. Vishal Tiwari and Ms. Vaishnavi Rajora, Advocates.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

1. The instant criminal writ petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) has been filed on behalf of the petitioner seeking the following relief:

“A. Quash the F.I.R. NO. 48 of 2020, DATED 05.02.2020, REGISTERED WITH P. S. SAKET, U/S 279/337/304A IPC & 146/196 OF MV ACT, SOUTH DISTRICT, NEW DELHI and all the proceedings which are pending before the LD. ACJM- 46, South, Saket Court, New Delhi- 110017 against the petitioner.”

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is an accused in FIR bearing no. 48/2020, dated 5^th February, 2020, registered with Police Station – Saket, Delhi for offences punishable under Sections 279/337/304A of the Indian Penal Code, 1860 (hereinafter W.P.(CRL)3138/2024 Page1of8 Signature Not Verified Digitally Signed “IPC”) and Sections 146/196 of the Motor Vehicles Act, 1988 (hereinafter “MV Act”) which was registered as Cr. Case no. 7351/2021.

3. It is submitted that on 5^th February, 2020, the accident in question took place at near Sainik Farms, Asian Market Red Light, Saket and on 12^th February, 2020, due to the said accident, the injured namely late Sh. Beer Singh expired during treatment pursuant to which the Police added Section

304 A of the IPC in the aforesaid FIR.

4. It is submitted that subsequently, the final chargesheet under Section 173 of the Code of Criminal Procedure 1973 (hereinafter “CrPC”) along with a Detailed Accident Report was filed before the learned Presiding Officer, MACT, Saket Court, New Delhi (hereinafter “learned PO”). It is further submitted that in the claim petition bearing MACT No. 215/2021, filed by the respondent no. 2 before the learned PO, the concerned matter was transferred for mediation/settlement at the joint request of the parties.

5. It is submitted that both the parties have settled the dispute and have agreed to settle the MACT case No. 215/2021 as well as another matter bearing Cr. Case no. 7351/2021 vide settlement dated 1^st November, 2023 arrived at between the parties before the Mediation Center, Saket Courts.

6. It is submitted that vide the aforesaid settlement, it was agreed between the parties that the petitioner herein shall pay an amount of Rs.4,00,000/ which has been duly paid by the petitioner in the Joint Account bearing No. 20434838961 of the wife of the deceased husband, i.e., respondent no. 2 and her son.

7. It is submitted that after recording the aforesaid settlement and in W.P.(CRL)3138/2024 Page2of8 Signature Not Verified Digitally Signed terms of the settlement, the learned PO disposed of MACT case No.

215/2021 as settled vide order dated 12^th January, 2024.

8. It is submitted that in support of the present petition, the respondent no. 2, i.e., the wife of the deceased has given her consent to quash the chargehseet/proceedings against the petitioner in FIR No. 48/2020 by way of a supporting affidavit which is appended as Annexure P-6 to the instant petition.

9. It is submitted that the petitioner is a young boy aged 25 years and has duly complied with the terms of the settlement, and no prejudice will be caused to the respondent no. 2 in the event the aforesaid FIR and proceedings emanating from them is quashed, therefore, the instant petition may be allowed.

10. Heard the learned counsel appearing on behalf of the parties and perused the material placed on recod.

11. The petitioner has approached this Court seeking quashing of FIR No. 48/2020 and all the criminal proceedings emanating therefrom in view of the settlement arrived at between the parties vide the settlement dat