Aamir & Anr. v. State of NCT of Delhi and Ors.

1. The present petition has been filed seeking quashing of case FIR No. 457/2014, U/s 287/338 IPC, registered at P.S. Mayur Vihar, Delhi.

2. The chargesheet has been filed under sections 283/285/287/337/304-A IPC.

3. Briefly stated facts of the case are that the present FIR was lodged on the statement of respondent no.2 alleging therein that on 29.07.2014 at around 4 pm she was going to buy milk alongwith her son who was in her lap, when she was passing in front of Jagdish Confectionery shop (near Madina Masjid Chowk) a rickshaw which came at a very high speed and was being driven negligently hit her from behind and the rickshaw driver, who is the Petitioner No.1 herein, ran away leaving the rickshaw behind. Due to this she fell in the pan of hot sugar syrup kept outside the confectionery shop and her son also fell from her lap in the pan of sugar syrup. As a result both hands of the complainant got burnt and her son’s whole body got burnt by the hot syrup. They were taken to hospital immediately and received primary treatment.

4. However, it is submitted that now the parties have entered into a settlement vide memorandum of understanding dated 09.02.2023 with the following terms and conditions:- “WHEREAS the first party got lodged the present case/FIR bearing FIR No.457/2014,U/s 283/285/287/337/304-A IPC, registered at P.S. Mayur Vihar and also filled one civil suit vide C.S N0.1065/2016 for compensation which is pending before the court of ADJ Karkardooma court AND WHEREAS both the parties have already compromised the present case with each other and of locality persons, friends and relatives without any force, coercion, pressure or undue influence from any side or corner.

AND WHEREAS it is agreed between both the parties that the first party will help in get the present FIR No. 457/2014, PS Mayur Vihar Quashed and also withdraw the Civil Suit vide C.S No 1065/2026 which is pending before the Court of Ld. ADJ Karkardooma Court Delhi and first party shall pay the amount of Rs. 2,00,000/- as Full and final settlement amount to second Party at the time of quashing of FIR.

AND WHEREAS it is agreed between both the parties that the first party will not take any further action against the second party.

AND WHEREAS the First Party has resolved all their grievances with the Second Party and both the parties does not want to pursue the present case.

AND WHEREAS both the parties shall not initiate any proceedings against each other before any Authority or before any Court of Law in future in any manner.

AND WHEREAS in future both the parties shall cooperative with each other, if any issue raised at any point of time in respect of point of law.”

5. During the course of submission, learned counsel for the petitioner has graciously agreed to pay a compensation of Rs. 3,00,000/- (Rupees Three Lacs Only). The same has been handed over to the Complainant/Respondent No.2 by way of cash.

6. I have interacted with the complainant and she states that the has entered into the settlement voluntarily without any fear force or coercion.

7. It has been repeatedly held by the Hon’ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 Cr.P.C. for quashing the proceedings or the complaint or the FIR as the case may be.

8. I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In view of the settlement deed along with the facts and circumstances of the case FIR No. 457/2014, U/s 287/338 IPC, registered at P.S. Mayur Vihar, Delhi along with all the other proceedings emanating therefrom is quashed.

9. The preset petition stands disposed of.

10. Order dasti.