Devesh Bhatia v. State & Ors.

1. The present petition is filed by the petitioner under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.242/2008 lodged by the Investigating Officer on a DD Entry dated 22.1.2008 under Sections 279/337/304-A IPC, registered with PS Chankya Puri, Delhi. The basis of the complaint is an accident which took placed on the aforesaid date between the car driven by the petitioner and a motor cycle being driven by Mr. P. Verma, son of respondents No.2 & 3.

2. It is stated by the counsel for the petitioner that immediately upon the accident taking place, while the petitioner remained at the accident site, the injured was taken to a hospital by a private vehicle CRL.M.C. 3820/2010 \ 2010:DHC:9142 for treatment. However, he expired on the next day. He states that the petitioner is a medical doctor by profession and is working as a Medical Officer in DDU Hospital, Delhi. He further states that respondents No.2 & 3, parents of the deceased, have received a sum of ~3V[2] lacs from the Insurance Company. He submits that during the pendency of the proceedings, parties have arrived at a settlement, wherein the petitioner has agreed to compensate respondents No.2 & 3 by paying them a sum of ~2.00 lacs each, for which he hands over two bankers cheques drawn in favour of respondents No.2 & 3, bearing No.593009 and 593010, both dated 6.12.2010, drawn on the State Bank of India, PBB, New Delhi (04041) in the sum of ~2.00 lacs each, which are duly accepted by them. He, therefore, submits that having regard to the age of the petitioner and the fact that he is not involved in any other criminal case and also in view of the fact that the compensation of ~4.00 lacs has been accepted by respondents No.2 & 3, the present FIR may be quashed.

3. Respondents No.2 & 3, who are present in the Court and are identified by the counsel for the petitioner, confirm the aforesaid position and states that they have received a ·sum of ~3V[2] lacs from the Insurance Company. They further state that the aforesaid settlement has been arrived at by them with the petitioner of their own free will and volition and without any undue influence or coercion from any quarter, in terms of which a sum of ~2.00 lacs each has been received by them in full and final settlement of all their claims against the petitioner. They state that in view of the aforesaid settlement arrived at with the petitioner, they do not wish that any further action be taken in the aforesaid FIR.

4. Learned APP for the State, on instruction from the Investigating Officer, states that the matter is at the stage of evidence, and confirms the fact that the parties have arrived at a settlement. He, therefore, does not oppose the prayer made in the present petition.

5. This Court has heard counsels for the parties. In view of the submission made by respondents No.2 & 3 and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter, no useful purpose will be served by proceeding· further with the aforesaid FIR and the proceedings arising therefrom.

6. Accordingly, the prayer made in the petition is allowed and FIR No.242/2008 lodged by the respondents No.2 & 3/complainants with PS Chankya Puri, Delhi, and all proceedings arising therefrom are quashed. ·-

7. The petition is disposed of along with the pending application. File be consigned to the record room.

DECEMBER 09, 2010 sk c:=_ ~~~~~--~ HIMA KOHLI,J