Arjun Singh Rawat v. State of NCT of Delhi and Anr

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 3/2023, dated 22.06.2023, registered at P.S Kartavya Path under sections 279/337 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations, while driving car No. DL-10CR-7771 at a fast speed and in a rash and negligent manner, petitioner struck against a rehri rickshaw, driven by respondent No. 2, thereby causing grievous injuries on his person. Aforesaid FIR was registered under sections 279/337 IPC against the petitioner. Chargesheet has since been filed under sections 279/338 IPC against the petitioner.

3. During the proceedings, the parties have amicably resolved their disputes with the intervention of some common friends and elderly persons and executed a Memorandum of Understanding dated 21.08.2023. In pursuance of the Settlement, it is submitted that the petitioner has paid Rs. 80,000/- (Rupees Eighty Thousand only) to be Respondent No.2 as per the schedule mentioned in the settlement. It is further submitted that for the damage caused to rehri rickshaw, petitioner has today transferred Rs. 25,000/- to the account of respondent No. 2 through UPI. The copy of Memorandum of Understanding dated 21.08.2023 has been placed on record as Annexure A.

4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “07.05.2025 Today, statement of counsel for respondent no. 2 has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Let the pre-verified statement along with this order be placed before the Hon'ble Court on 14th May, 2025.”

5. Respondent No. 2 is physically present before the Court while petitioner has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Bala Saheb, from PS B.K. Road.

6. Respondent No.2 submits that the matter has been settled with the Petitioner without any force, fear, coercion and confirms that he has received the entire compensation amount of Rs. 80,000/- along Rs. 25,000/- via UPI from the Petitioner and has no objection if the FIR No. 0003/2023 is quashed against the Petitioner.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 3/2023 is quashed.

8. In Gian Singh Vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

shall be well within its jurisdiction to quash the criminal proceedings."

9. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,

10. While it is true that the offence under Section 279 of IPC is not an offence in personam, thereby that it affects society at large and not just the individual complainant, the Court must also take into account the practical realities of securing a conviction in the present case. The Supreme Court has consistently held that where the chances of conviction are remote due to an amicable settlement between the parties, the Court should consider whether continuing the prosecution would serve any meaningful purpose.

11. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0003/2023, dated 22.06.2023, registered at P.S Kartavya Path under sections 279/337 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom.

12. In the interest of justice, the petition is allowed, and FIR NO. 0003/2023, dated 22.06.2023, registered at P.S Kartavya Path under sections 279/337 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

13. Petition is allowed and disposed of accordingly.