Full Text
HIGH COURT OF DELHI
Date of Decision: 11.07.2025
MANJEET SINGH .....Petitioner
Through: Mr. Swastik Singh, Ms. Shreshtha Raj Shrivastava, Advs.
Through: Mr. Satish Kumar, APP
Vihar East.
Mr. Himanshu Dagar Adv. for respondent no 2 -6.
JUDGMENT
1. The present petition has been filed by the petitioner, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 0522/2021 dated 10.07.2021 for the offences punishable under Sections 279/337 of the Indian Penal Code, 1860, registered at Police Station Paschim Vihar, East (“subject FIR”) and all the consequential proceedings arising therefrom.
2. The learned counsel for the petitioner submits that on 10.07.2021, an accident took place involving a car driven by the petitioner, in which, the petitioner, while recklessly driving his car, hit the mother of the respondent nos. 2, 3, 4 and 5 passed away, leading to registration of the subject FIR and filing of litigation by the respondents.
3. He further submits that, in addition to the registration of the subject FIR, the petitioner had also instituted a claim before the Motor Accident Claims Tribunal (MACT) bearing Case No. 4/2022. In the said proceedings, respondent nos. 2, 3, 4 and 5 have received Rs. 16,00,000/-, pursuant to a Judgment pronounced on 26.07.2023.
4. The learned counsel submits that, in the meanwhile, with the intervention of the family members, relatives, and mutual acquaintances, the parties have arrived at an amicably and voluntary resolution of their disputes arising out of the said accident and that no further dispute subsists in relation thereto. He submits that pursuant to the settlement, the parties filed the present petition for quashing of FIR, wherein, respondent no. 6, the mother of the deceased was impleaded as a party vide Order dated 20.02.2025.
5. The present petition is premised on the aforesaid assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, a Memorandum of Understanding (MoU) dated 12.11.2024 has been duly executed between the petitioner and the respondent nos. 2 to 5. Moreover, the parties have undertaken that there is no other litigation emanating out of the said incident, is pending before any other Judicial fora.
6. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) and the statement of respondent no. 3 was recorded on 16.01.2025, of respondent nos. 2, 4 and 5 on 28.01.2025 and of respondent no. 6 on 28.04.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondents, in their statement before the Joint Registrar (Judicial), has stated therein, that they have received the entire settlement amount, in terms of the said MoU/Settlement Deed, and has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed.
7. Before this Court, the Investigating Officer has duly identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.
8. The respondent nos. 2, 4 and 6, who are present before this Court, upon being queried, confirms that they entered into the said settlement, out of their free will, without any coercion, force or undue influence. The respondents further state that they have received MACT claim from the Insurance Company and the petitioner had also paid the amount of Rs. 4,00,000/- towards compensation, which has been apportioned amongst them. They state that they are satisfied with the compensation received, both, in the MACT proceedings as well as from the petitioner, pursuant to the settlement and do not wish to pursue the present case, any further, against the petitioner. They submit that no other litigation is pending between the parties and they have no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.
9. In view of the foregoing, the learned counsel for the petitioner and the respondents, jointly pray for quashing of the subject FIR.
10. The learned APP on behalf of the State submits that there is no objection if the subject FIR is quashed.
11. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.
12. In conspectus of the above facts and the MoU dated 12.11.2024, the subject FIR bearing No. 0522/2021 dated 10.07.2021 for the offences punishable under Sections 279/337 of the Indian Penal Code, 1860, registered at Police Station Paschim Vihar, East and all consequential proceedings emanating therefrom, are hereby quashed.
13. The present petition is, accordingly, disposed of, in the aforesaid terms.
SHALINDER KAUR, J JULY 11, 2025/SU/KP