Dr. Yogender Kumar Puri v. NCT Delhi & Anr.

Delhi High Court · 10 Apr 2023 · 2023:DHC:2599

Dinesh Kumar Sharma

CRL.M.C. 3227/2022

2023:DHC:2599

criminal petition_allowed Significant

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The Delhi High Court quashed an FIR and all proceedings under Sections 279, 323, 354, and 34 IPC based on a full and voluntary settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C.

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Neutral Citation Number 2023:DHC:2599

CRL.M.C. 3227/2022
HIGH COURT OF DELHI
CRL.M.C. 3227/2022, CRL.M.A. 13573/2022, CRL.M.A. 3679/2023
DR YOGENDER KUMAR PURI ..... Petitioner
Through: Mr. Rajesh Aggarwal, Ms. Deeksha Aggarwal and Mr. Anil Batra, Advs alongwith Petitioner-in person

VERSUS

NCT DELHI & ANR. ..... Respondents
Through: Mr. Raghuvinder Verma, APP for the State with SI Karan Singh, PS Lodhi
Colony.
Mr. Narender Bhandari, Adv. for R-2.
Date of Decision: 10th April, 2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)

1. The present petition has been filed under section 482 Cr. P.C. for quashing of case FIR NO. 338/2014, registered at P.S. Lodhi Colony on 23.11.2014, under sections 279/323/354/34 of IPC.

2. Learned counsel for the petitioner submits that the complaint was lodged by respondent No. 2 on a minor altercation which occurred due to the alleged rash and negligent manner in which the minor son of the petitioner was driving the car. Learned Counsel for the petitioner submits that after the investigation, the charge sheet under Section 354 IPC was filed against the petitioner and under Sections 279 IPC and petitioner under Section 323/354 IPC and 5/181 MV Act against Varun Kumar Puri. However, the learned Trial Court dropped the said charges against the Petitioner.

3. Learned counsel submits that Varun Puri has now gone abroad for his further education. However, an application bearing no. Crl. M.A. 3679/2023 has been moved for his impleadment as the same is necessary for the proper adjudication.

4. In view of the submissions made, the impleadment application bearing no. Crl. M.A. 3679/2023 is allowed.

5. Learned counsel for the petitioner further submits that the matter was referred to the mediation and in the Delhi High Court Mediation & Conciliation Centre, a settlement has taken place qua the petitioner and his son Mr. Varun Puri. A settlement agreement dated 17.01.2023 has been enacted between the parties, on the following terms and conditions:

“1. The complainant has agreed to withdraw his complaint/ FIR against Dr. Y ogender Kumar Puri and also his son Varun Puri, on being expressed deep and heai1ily regrets by Dr. Yogender Kumar Puri, regarding the unfortunate incident which had taken place at the spur of the moment.

2. The complainant has graciously accepted the deep regret keeping in mind also the fact that much time has elapsed in between, during which period the son Varun Puri has gone abroad for his further MBA studies; and further that Dr. Yogender Kumar Puri has also retired from his government service. Fm1her that, there is no other dispute existing between the parties except the incident which had taken place and the parties have expressed that their amicable resolving of the dispute would be in the interest to keep harmony and peace in the society with no evil feelings towards each other.

3. The complainant thus has no objection if the case FIR NO. 338/2014, PS Lodhi Colony, and all consequent proceedings thereupon is quashed/compounded against Dr. Y ogender kumar Puri and his son Varun Puri; and the dispute is put to rest, in the overall interest of justice. The complainant has received a sum of Rs 1,00,000/- (Rupees One Lakh Only) towards legal cost. On the aforesaid facts, the parties have appended their signatures voluntarily and without any force or coercion.

4. It is further agreed by all the parties that the parties will cooperate in drafting and signing the petitions as well as for making necessary statements before the concerned Court, Delhi.

5. That all the parties hereto have understood the entire contents of this Settlement Agreement, which are explained to them in Vernacular as well. The parties hereto have signed this Settlement Agreement in full senses, free will, consent without any type of force, undue influence or coercion by either party and all the parties will remain bound by this settlement in letter and spirit.

6. By signing this Settlement Agreement, the parties hereto state that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.

7. That the parties undertake before the Hon'ble Court to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future.

8. The parties agree that they shall appear before the Hon'ble Court during the physical/virtual hearing to make their statements in terms of the present settlement agreement and give undertaking to the Hon'ble Court to remain bound by the terms of the settlement and the Hon'ble Court may dispose off the matter in terms of the above settlement.”

6. Sh. Narender Bhandari, learned counsel appeared for respondent No.2 and states that the matter has been settled amicably between the parties without any fear, undue influence or coercion.

7. The inherent power under Section 482 Cr.P.c. is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guidance engrafted in such power viz.: (i) to secure the ends of justice, or

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(ii) to prevent abuse of the process of any court. In the case of Gian Singh v.

State of Punjab (2012) 10 SCC 303, the Supreme Court has observed that in the exercise of its inherent power under Section 482, the High Court can quash the FIR/Charge-sheet on the basis of alleged settlement except in cases of rape, murder, dacoity or the cases under the Special Statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc. It has also been repeatedly held that the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. Reliance can be placed upon MadhavraoJiwajirao Scindia v. Sambhajirao Chandrojiroo Angre, (1988) 1 SCC 692.

8. In the present case, it appears that the complainant that is not going to support the case of the prosecution and the possibility of conviction is remote and bleak. In view of the same, the continuation of the criminal proceedings would be an exercise in futility and it is an abuse of the process of the court. There would no purpose in continuing with the present proceedings and accordingly, FIR NO. 338/2014, registered at P.S. Lodhi Colony on 23.11.2014, under sections 279/323/354/34 of IPC along with all the proceedings emanating therefrom are quashed.

9. The present petition stands disposed of.

DINESH KUMAR SHARMA, J APRIL 10, 2023

Dr. Yogender Kumar Puri v. NCT Delhi & Anr.

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