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2024 Supreme(Online)(DEL) 21675
HIGH COURT OF DELHI
HON'BLE MR. JUSTICE NAVIN CHAWLA, J
SH. DEEPAK MAHESHWARI – Appellant
Versus
GOVT.OF NCT OF DELHI AND ORS – Respondent
CRL.M.C. 2789/2024
For the Appellants/Petitioners: Mr.S.P. Gairala, Mr.V.K. Sharma
For the Respondents: Mr. Shoaib Haider, Mr.Paramvir Singh Negi
Court quashed FIR based on amicable settlement between parties, emphasizing justice and avoiding unnecessary legal burden.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioner seeks to quash FIR No.212/2022 under Sections 279/337/304-A IPC based on a settlement - Parties related; dispute settled amicably - No useful purpose in continuing proceedings. (Paras 2-10)
(B) Judicial Precedents - Supreme Court rulings in Gian Singh v. State of Punjab, Parbatbhai Aahir v. State of Gujarat, and State of Haryana v. Bhajan Lal cited to support the quashing of FIR based on the principles of justice and amicable settlement. (Paras 9)
Facts of the case:
The petitioner, a relative of the deceased, was involved in an accident while riding a motorcycle with the deceased as a pillion rider. The parties settled their disputes amicably through a Settlement Deed. (Paras 5-6)
Findings of Court:
The court found it appropriate to quash the FIR given the familial relationship and the mutual agreement to settle, emphasizing that continuing the case would serve no beneficial purpose. (Paras 8-10)
Issues: The primary issue was whether the FIR should be quashed based on the amicable settlement between the parties. (Paras 8)
Ratio Decidendi: The court exercised its inherent powers under Section 482 of the Cr.P.C. to quash the FIR, guided by principles of justice as established in precedents. (Paras 9)
Result: Petition allowed; FIR quashed subject to conditions.
% 08.04.2024 CRL.M.A. 10591/2024 (Exemption)
1. Allowed, subject to all just exceptions.
CRL.M.C. 2789/2024
2. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘ Cr.P.C .’) seeking quashing of FIR No.212/2022 registered at Police Station: I.P.Estate, New Delhi, under Sections 279/337/304-A of the Indian Penal Code, 1860 (in short, ‘ IPC ’), along with all other proceedings arising therefrom, on the basis of a settlement.
3. Issue notice.
4. Notice is accepted by Mr. Shoaib Haider, the learned APP and Mr.Paramvir Singh Negi, Advocate for respondent nos.2 and 3. The Order is downloaded from the DHC Server on 12/04/2024 at 18:30:12
5. The learned counsel for the petitioner submits that the deceased was a relative of the petitioner and the unfortunate accident occurred when he was sitting as a pillion rider on the motorcycle being driven by the petitioner. He submits that the parties have now amicably settled their inter se disputes and have entered into a settlement vide Settlement Deed dated 12.02.2024.
6. The respondent nos.2 and 3, who are personally present in Court and have been duly identified by the Investigating Officer (IO), reaffirm the settlement and state that they have settled all the disputes with the petitioner out of their own free will and without any coercion.
They submit that the accident was not due to any intentional or negligent default of the petitioner. They submit that they have no objections if the present FIR is quashed.
7. I have perused the contents of the FIR and also the settlement between the parties.
8. Keeping in view the fact that the parties are related to each other and that the respondent nos.2 and 3 do not wish to pursue their complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.
9. Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab , (2012) 10 SCC 303 ; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & The Order is downloaded from the DHC Server on 12/04/2024 at 18:30:12
Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C . to quash the FIR and all the proceedings emanating therefrom.
10. Accordingly, the petition is allowed. FIR No.212/2022 registered at Police Station: I.P.Estate, New Delhi, under Sections 279/337/304-A of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioners shall deposit costs of Rs.50,000/- with the Samarpan Children’s Home [Samarpan Foundation, A-13, Ground Floor, Friends Colony East, New Delhi-110065, HDFC Bank, Current Account No.06171450000031, Branch-Jor Bagh Market, New Delhi- 110003, RTGS/NEFT ISFC:HDFC0000617, MICR:110240103],
- within a period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.
