Full Text
HIGH COURT OF DELHI
CRL.M.C. 6673/2022
ROHIT MADAN ..... Petitioner
Through: Mr.Rana Sandeep, Advocate with petitioner in person.
Through: Mr.Pradeep Gahalot, APP for the State.
SI Umesh, PS Kanjhawala
Date of Decision: 12.12.2022
JUDGMENT
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
1. Present petition has been filed for quashing FIR No.370/2016 under Section 279/337 IPC, PS Kanjhawala, Delhi.
2. The proceedings have been initiated on the complaint made by Saurabh s/o Bhishim. As per FIR while the complainant was moving on motorcycle towards Narela, a Wagon-R car being driven at a fast speed, over-turned at a sharp curve. The car after being over-turned hit Signing against the motorcycle of the complainant. The complainants as well as the occupants of the car were taken to the hospital. Subsequently, the matter was referred to the Delhi Mediation Centre, Rohini District Courts, Delhi. As per mediation settlement, the parties have amicably settled the matter. The respondent no.2/injured states that he has received the compensation in MACT.
3. Section 482 Cr.P.C. acknowledges the inherent power of the high court besides Articles 226 and 227 to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement may invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law.
4. It has repeatedly been held that if the parties have reached on an amicable settlement and the offence invoked is not a serious offence, it is always desirable to quash the proceedings for bringing peace and harmony between the parties. Even otherwise, if the parties have reached on some compromise, further continuance of the matter would be exercise in futile.
5. The facts and circumstances of the case indicate that the complainant suffered injuries as a result of the overturning of car. The occupants of the car also suffered injuries. The injured has got compensation from the Insurance Company. There is nothing to suggest that parties have entered into a settlement due to some force or coercion. Thus, to secure the ends of justice, it would be desirable to put a quietus to this case. Signing
6. As the parties have reached on an amicable settlement, There would be no purpose of continuing with the trial. The IO has duly identified the complainant.
7. The FIR No.370/2016 under Section 279/337 IPC, PS Kanjhawala, Delhi is accordingly, quashed.
8. The petition stands disposed of.
DINESH KUMAR SHARMA, J DECEMBER 12, 2022 Signing