Allowed

Aayush Dewan v. the State NCT of Delhi and Ors.

Delhi HC16 Oct 2024W.P.(CRL)/2440/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a writ petition under Article 226 of the Constitution and quashed FIR No. 194/2024. The court relied on settlement agreements, payment of additional compensation to respondents, the driver's untraceability, and the remote possibility of conviction as grounds for quashing, deeming further proceedings a misuse of process.

What did the court decide?

FIR No. 194/2024 registered under Sections 279/337 IPC and proceedings emanating therefrom quashed; petition allowed.

Aayush Dewan Vs the State NCT of Delhi and Ors. — Quashing and FIR | Delhi HC (2024)

¶1

$~64

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 2440/2024 AAYUSH DEWAN .....Petitioner

¶4

Through: Mr. Shiv Charan Garg, Advocate.

¶5

versus

¶6

THE STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC for State with Mr. Alok Sharma, Mr. Vasu Agarwal, Advocates with SI Rajat Khaiwal, PS. Paschim Vihar, East. SI Gaurav Kumar, PS: Paschim Vihar East. Mr. Ashutosh Gupta, Mr. Anilendra Pandey, Advocates for R-5,6 and 7.

¶7

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

¶8

O R D E R % 16.10.2024

¶9

Pursuant to the previous order, respondent no.6 is present in Court, as per the statement made by the respondent no.6, an additional amount of Rs. 50,000/- is being tendered vide DD no. 010709 which is received by respondent no. 6 in Court. Accordingly, he has been paid a total of Rs. 3 lacs. 2. As regards the respondent no.7 who also appears though his counsel and is being tendered an additional amount of Rs. 25,000/- vide DD no. 010708 which is received by counsel on behalf of respondent no.7; accordingly, a total of Rs. 1,25,000/- is now paid to respondent no.7.

¶10

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:49:18

¶11

As regards the respondent no.5 who was the driver of e-rickshaw, it is stated by counsel for the State on instructions of the IO that he is not traceable. Counsel for respondent no.5 states that he was appearing for respondent no.5 however, he has no instructions. It is noted that respondent no.5 has already been paid Rs. 25,000/-, as per the settlement which was arrived at which is on record.

¶12

Accordingly, considering that these settlement amounts have been adequately compensated by petitioner, settlement agreements are already on record giving no objection to the quashing of the FIR, and certain additional amounts have also been paid to some of the respondents, the petition is allowed.

¶13

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 194/2024 under Sections 279/337 IPC registered at PS Paschim Vihar, Delhi and proceedings emanating therefrom are quashed.

¶14

Parties shall abide by the terms of settlement.

¶15

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

¶16

Order be uploaded on the website of this Court.

¶17

ANISH DAYAL, J

¶18

OCTOBER 16, 2024/RK

¶19

Aayush Dewan v. the State NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Aayush Dewan v. the State NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Baljinder Singh Malia Vs State of NCT Delhi & Ors.

Vinod Kumar and Ors. Vs the State and Anr.

Jatin Arora Vs State NCT of Delhi Anr. & Anr.

Sunil Kumar and Anr. Vs the State NCT of Delhi and Anr.

Sunil Pokhriyal Vs the State of NCT of Delhi & Anr.

Monu Singh & Ors. Vs the State (Gnct of Delhli) & Ors.

Shailendra Birla Vs the State & Ors.

Smt Sudesh Vs Smt Durgesh & Anr.

Jatin Arora Vs State NCT of Delhi Anr. & Anr.

Prem Chhabra Vs the State of NCT of Delhi through SHO

Suraj Kumar & Ors. Vs State of NCT of Delhi & Anr.

Chandra & Ors. Vs State NCT of Delhi & Anr.

Sumit Sharma & Anr. Vs State of N.C.T. of Delhi & Ors.