The court may quash non-compoundable offences when there is a personal settlement between parties, provided it does not impact societal interests.

ORAL ORDER

The petitioner is before this Court seeking the following prayers:

“1. Quash the Complaint dated 31.03.2018 and F. I. R.bearing Crime No. 22/2018 dated 31.03.2018 registered by Respondent No. 1 under Section 279 , 337, & 304A of the Indian Penal Code , 1860 pending on the file of Hon'ble I Additional Civil Judge and JMFC, Kanakapura in C.C. No. 1043/2021 at ANNEXURE-B & C respectively.

2. Quash the proceedings in C. C. No. 1043/2021 pending on the file of Hon'ble I Additional Civil Judge and JMFC, Kanakapura in C. C. No. 1043/2021 and Charge Sheet dated 25.09.2018 filed by Respondent No. 1 in Crime No. 22/2018 under Section 279 , & 304A of the Indian Penal Code , 1860, atANNEXURE - A & D respectively.

3. Pass such other order as this Hon'ble Court deems fit in the interest of Justice and Equity.”

2. Heard Sri.Badrivishal, learned counsel appearing for the petitioner, Sri.Jagadeesha, learned Addl. SPP, appearing for respondent No.1, Sri.G.C.Pradeep, learned counsel appearing for respondent No.2 and have perused the material on record.

3. During the subsistence of the proceedings, it transpires that parties to the lis have entered into settlement on the complainant receiving certain amounts, on account of which a settlement is drawn. The issue is whether it could be closed by way of a settlement being filed before this Court, particularly in the teeth of the offence under section 304A of the Indian Penal Code . The Delhi High Court has considered the issue in the case of SANTOSH vs. STATE GOVT. OF NCT OF DELHI AND ANOTHER , reported in2024 SCC OnLine Del 7645, wherein, it is held as follows:

“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 5th February, 2020, registered with Police Station – Saket, Delhi for offences punishable under Sections 279 /337/304A of the Indian Penal Code , 1860 (hereinafter “ 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 5th 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 1st 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 p