CIVIL APPEAL 3920/2024

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 3920/2024ADITYA PRATAP SINGH.....PetitionerThrough:Mr. Ravin Rao, Mr. S. Rajput and Mr.Akshit, Advs.

versus

THE STATE (GOVT. OF NCT OF DELHI) AND ORS & ANR.

.....RespondentsThrough:Mr. Aman Usman, APP for State withSI Sumit Kumar, PS. Rajouri Garden,Delhi.Mr. J.A. Chaudhary, Adv. for R-2 andR-3 along with R-2 and R-3 inperson.

CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJANO R R10.01.2025

1.The present petition has been filed under Section 482 CrPC seekingquashing of FIR No.1627/2015 under Sections 279/304A IPC registered atPolice Station Rajouri Garden and all consequential proceedings emanatingtherefrom on the ground that the parties have arrived at settlement.

2.Notice was issued in the present petition on 15.05.2024. The learnedAPP for the State submits that since the FIR is an outcome of an accidentand the parties have arrived at settlement, the State has no objection incase the FIR in question is quashed.

3.The petitioner, as well as, respondent no. 2(father of the deceased) arepresent in Court, have been identified by their respective counsel, as well as,

by the Investigating Officer SI Sumit Kumar, PS. Rajouri Garden, Delhi.

4.The brief facts of the case are that the son of respondent nos. 2 and 3,who got injured in an accident with the vehicle being driven by thepetitioner, passed away, which led to the registration of present FIR.

5.During pendency of the proceedings, the parties have arrived at asettlement, terms whereof were reduced in writing in the form ofMemorandum of Understanding in April, 2024, which is annexed asAnnexure to the present petition.

6.It is recorded in the settlement between the parties that the petitionershall pay total sum of Rs.17 lacs to the respondent nos.2 and 3 towards fulland final settlement of all their claims.

7.The entire amount of Rs. 17 lacs has been paid to the respondentnos.2 and 3 today in the Court by the petitioner no.1 by way of two DemandDrafts bearing Nos 015434 and 015436, both dated 07.01.2025, issued byHDFC Bank for an amount of Rs. 8.5 lac each.

8.The receipt of entire amount of Rs. 17 lacs is acknowledged by therespondent no.2, who is present in court and also hold an Authority Letterfrom his wife (respondent no.3), which has been filed on record.

9.The respondent no.2, on query posed by the Court, affirms thefactum of settlement and states that he has no objection in case the FIR isquashed.

10.At this stage, apt would it be to refer to the observations of theSupreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303:(SCC p. 340, para 58)

“58. Where the High Court quashes criminal proceeding havingregard to the fact that the dispute between the offender and the

victimhasbeensettledalthoughtheoffencesarenotcompoundable, it does so as in its opinion, continuation of criminalproceedings will be an exercise in futility and justice in the casedemands that the dispute between the parties is put to an end andpeace is restored; securing the ends of justice being the ultimateguiding factor.”

11.In view of the settlement between the parties, the ultimate chances ofconviction in the case are bleak, therefore, continuation of criminalproceedings will not serve any useful purpose and it will be an exercise infutility.

12.It is, thus, in the interest of justice that the present FIR and all theother proceedings emanating therefrom be quashed.

13.Consequently, the petition is allowed and the FIR No.1627/2015under Sections 279/304A IPC registered at Police Station Rajouri Garden,West Delhi alongwith all other proceedings emanating therefrom, isquashed.

14.The petition stands disposed of in the above terms.

15.Order be uploaded on the website of this Court.

JANUARY 10, 2025/dss

VIKAS MAHAJAN, J