Sonu Khatri v. The State NCT of Delhi

1. Petitioner seeks quashing of case FIR No. 589/2020 of PS Mahendra Park for offence under Section 279/337/338 IPC on the ground that the complainant de facto (respondent no.2) has settled the disputes with the petitioner.

2. Broadly speaking, the petitioner, while driving his Honda Amaze car on wrong side of the road hit against motorbike of respondent no.2, thereby causing him injury and fled from the spot. The FIR was originally registered for offence under Section 279/337 IPC but subsequently on medical examination of the injured, the offence under Section 338 IPC also was added.

3. Respondent no.2 present in court, identified by IO/Inspector Harkesh Meena and accompanied with his counsel accepts notice.

4. Learned APP accepts notice and submits that State has no serious objection to this petition.

5. I have spoken with the parties in Hindi. Respondent no.2 submits that he had suffered fracture of thigh bone, calf bone and toe of left foot and has received fair compensation for the injuries suffered by him. Respondent no.2 submits that he does not wish to pursue prosecution of the petitioner.

6. Having spoken with the parties, I am satisfied that it would be in the interest of justice not to push the parties through trial. But at the same time, it also cannot be ignored that the petitioner was driving his car on wrong side of the road and fled the spot after the accident, so as a matter of deterrence, it is a fit case to impose some fine on him.

7. Therefore, the petition is allowed subject to the petitioner depositing cost of Rs. 10,000/- with DHCLSC within one week and the FIR NO. 589/2020 of PS Mahendra Park for offence under Section 279/337/338 IPC as well as proceedings arising out of the same are quashed.

8. The cost receipt shall be filed by the petitioner before the trial court within ten days, failing which the trial proceedings shall continue. Copy of this order be sent to the learned trial court.

GIRISH KATHPALIA (JUDGE) AUGUST 20, 2025