Mayank Bansal @ Jonty v. State G.N.C.T of Delhi

Delhi High Court · 12 Aug 2025 · 2025:DHC:6788
Ravinder Dudeja
W.P.(CRL)2493/2025
2025:DHC:6788
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed a motor accident FIR and all proceedings based on an amicable settlement between the parties, emphasizing the court's power under Article 226 and Section 528 BNS to end criminal cases where continuation would be unjust.

Full Text
Translation output
W.P.(CRL)2493/2025
HIGH COURT OF DELHI
Date of Decision: 12.08.2025 ,,,,,,,,,, W.P.(CRL) 2493/2025
MAYANK BANSAL @ JONTY .....Petitioner
Through: Mr. Pradeep Teotia, Mr. Amit Kumar Dhaka, Mr. Lakshay Teotia, Mr. Anchit Sangwan &
Mr. Jitendra Bakshi, Advocates
VERSUS
STATE G.N.C.T OF DELHI … Respondent
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Mr. Abhinav Arya, Mr. Priyam Agarwal &
Mr. Aryan Sachdeva, Advocates for the State R-2 is present through VC
Mr. Naresh Kumar Joshi, Ms. Riya Kumar & Ms. Shruti Aggarwal, Advocates for R-3 along
WITH
R-3 in person
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 187/2025, dated 17.04.2025, registered at P.S Anand Vihar, Delhi under Sections 281/125(b) BNS (279/338 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations, petitioner while driving car bearing registration No. DL5C-V-7707 in a rash and negligent manner, struck against respondent No. 3 and caused grievous injuries. Due to the accident, the car overturned, resulted in amputation of lower limb of respondent No. 2, who was also travelling in the same car. FIR was lodged at the instance of respondent No. 2 under Section 281/125(b) BNS.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated23.07.2025 (Attested on 30.07.2025). Copy of the Memorandum of Understanding dated 23.07.2025 has been annexed as Annexure P-

2.

4. Petitioner & Respondent No. 3 are physically present before the Court while Respondent No. 2 has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Sanjeev Kumar, from PS Anand Vihar.

5. Both the respondents confirm that the matter has been amicably settled with the petitioner without any force, fear, coercion and they have no objection if the FIR No. 187/2025 is quashed against the Petitioner. Respondent no. 3 confirms having received compensation of Rs. 5 lakhs from the petitioner.

6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 187/2025 is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas recognized the need of amicable resolution of disputes by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

8. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 187/2025, dated 17.04.2025, registered at P.S Anand Vihar, Delhi under section 281/125(b) BNS (279/338 IPC) and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 187/2025, dated 17.04.2025, registered at P.S Anand Vihar, Delhi under section 281/125(b) BNS (279/338 IPC) and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioner depositing Rs. 25,000/- as cost with Delhi High Court Advocates Welfare Fund [Account No. 15530110179338], maintained with UCO Bank, Delhi High Court branch, within a month.

10. Petition is allowed and disposed of accordingly.

11. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J August 12, 2025