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HIGH COURT OF DELHI
JUDGMENT
SH. PRANAV CHAUDHARY ..... Petitioner
Advocates who appeared in this case:
For the Petitioner: Mr.Gursharan Singh, Advocate.
For the Respondent: Mr.Hirein Sharma, Addl. PP for the State with SI Jarnail Singh, P.S.Janakpuri.
Mr. Atul Kumar, Advocate for R-2
Crl. M.A. 31445/2018 (Exemption)
Allowed, subject to all just exceptions.
1. The petitioner seeks quashing of FIR No. 138/2017 under Section 279 of IPC at Police Station Janakpuri. 2018:DHC:5732
2. Subject FIR was registered consequent to an accident between the vehicles of the complainant and the petitioner. No physical injury was sustained by any individual.
3. It is contended that the parties have settled their disputes. Petitioner has agreed to pay a total sum of Rs.95,000/- in full and final settlement towards the damage caused to the vehicle of the respondent. The sum of Rs.95,000/- has been paid in Court today vide Manager’s cheque No.019200 dated 01.08.2018 drawn on HDFC Bank.
4. Respondent Nos.2, 3 & 4 are present in Court in person, represented by their counsel and identified by the Investigating Officer. They confirm that they have received the settlement amounts and have settled the disputes with the petitioner and do not wish to prosecute the FIR any further and have no objection to the quashing of the FIR and the consequent proceedings emanating there from.
5. In view of the fact that the respondents have settled their disputes with the petitioner and do not wish to prosecute the complaint any further, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.
6. In view of the above, the petition is allowed. FIR No. 138/2017 under Section 279 of IPC at Police Station Janakpuri and the consequent proceedings arising therefrom are, accordingly, quashed.
7. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 06, 2018 rk