Allowed

Abhinav Chhabra v. State & Ors.

Delhi HC10 Jul 2024CRL.M.C./720/2020

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR registered under Sections 279/304A IPC for a fatal road accident after finding that the parties had amicably settled the dispute, paid all dues, and reconciled without pressure.

What did the court decide?

FIR No. 25/2016 under Sections 279/304A IPC and all consequential proceedings are quashed and the petition is disposed of.

Abhinav Chhabra Vs State & Ors. — Motor Accident Claims | Delhi HC (2024)

¶1

$~5

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 720/2020 & CRL.M.A. 2974/2020

¶4

ABHINAV CHHABRA .....Petitioner

¶5

Through: Mr. Arshdeep Singh Khurana, Mr. Sanjay Abbot & Mr. Nikhil Pawar, Advocates. versus STATE & ORS .....Respondents Through: Mr. Amit Ahlawat, APP for State. Mr. Saurabh Tewari, Mr. Amit Vashisth & Mr. Sunny Kumar, Advocates for R-2 to 4 with R-2 & 3 in person. ASI Bindeshwari, MACT/Cell.

¶6

CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

¶7

O R D E R

¶8

% 10.07.2024

¶9

The present Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C., 1973” ) has been filed on behalf of the petitioner seeking to quash the FIR No. 25/2016 registered under Sections 279/304A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC, 1860” ) at Police Station Sarai Rohilla, Delhi.

¶10

Issue notice.

¶11

Mr. Amit Ahlawat, learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State.

¶12

Mr. Saurabh Tewari, learned counsel appearing on advance notice, accepts notice on behalf of the respondent Nos. 2 to 4.

¶13

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 18/07/2024 at 14:25:54

¶14

Brief facts of the case are that the petitioner met with an accident on 05.01.2016, in which Smt. Sashi Kala, wife of respondent No. 2, had died. 6. It is submitted that the deceased was aged about 61 years at the time of her demise and is survived by her husband, daughter and a son, who are respondent Nos. 2 to 4 herein.

¶15

It is further submitted that on 06.01.2016, an FIR bearing No. 25/2016 under Sections 279/304A of the IPC, 1860 got registered at Police Station Sarai Rohilla, Delhi.

¶16

It is submitted that the parties, with the mutual consent, have amicably settled all the disputes and differences between them vide Settlement Agreement dated 23.02.2019 which inter alia states that: -

¶17

(i) That the respondent Nos. 2, 3 and 4 shall be paid an amount of Rs. 6,75,000/- by the petitioner towards full and final amount of all the claims,

¶18

(ii) First instalment of Rs. 1,50,000/- shall be paid before the MACT Court on 05.03.2019,

¶19

(iii) Second instalment of Rs. 1,50,000/- shall be paid before the MACT Court on 09.04.2019,

¶20

(iv) Third instalment of Rs. 2,00,000/- shall be paid before the MACT Court on 06.06.2019,

¶21

(v) Fourth and final settlement of Rs. 1,75,000/- shall be paid by the petitioner to the respondent Nos. 2 to 4 at the time to quashing of FIR,

¶22

It is further stated that Rs. 5,00,000/- has already been paid by the petitioner to the respondent Nos. 2 to 4 viz., the aforesaid three instalments. 10. In view of the Settlement Agreement dated 23.02.2019, the present

¶23

¶24

petition has been filed.

¶25

The petitioner and the respondent Nos. 2 and 3 are present before this Court in-person today, and they have been identified by their counsel and Investigating Officer concerned.

¶26

The fourth instalment of Rs. 1,75,000/- has been paid to the respondent Nos. 2 to 4 by the petitioner today, vide Demand Draft No. 400606 dated 08.07.2024 made in favour of the respondent No. 2/Dalip Kumar, drawn on Canara Bank, G.D. Salwan Public School Branch, New Delhi and the same has been accepted by the respondent No. 2/Dalip Kumar. 13. The respondent No. 4/Madhusudan, who is present in Court, submits that he has no objection to the amount being handed over to his father, respondent No. 2.

¶27

The respondent No. 4/Anjali, who is the daughter, is under the guardianship of the father. 15. The parties have submitted that all the disputes have been amicably settled vide Settlement Agreement dated 23.02.2019 and thus, no fruitful purpose will be served in continuing with the FIR.

¶28

The present petition has been signed by all the petitioners and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion.

¶29

Today, the respondent Nos. 2 to 3, who are present in Court, state that they have received all amounts due to them and have no objection if the FIR is quashed.

¶30

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also

¶31

¶32

the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

¶33

Moreover, there is no legal impediment in quashing the FIR in question.

¶34

Accordingly, FIR bearing No. 25/2016 registered at Police Station Sarai Rohilla, Delhi, for offences punishable under Sections 279/304A of IPC, 1860 and all consequential proceedings emanating therefrom are quashed.

¶35

The petition along with pending application stands disposed of.

¶36

NEENA BANSAL KRISHNA, J

¶37

JULY 10, 2024 S.Sharma

¶38

This is a digitally signed order.

¶39

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 18/07/2024 at 14:25:54

Abhinav Chhabra v. State & Ors.

Case brief

What is this about?

What did the court decide?

Abhinav Chhabra v. State & 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

Sh. Rajat Kumar Gupta and Ors. Vs State (Govt of NCT of Delhi) and Anr.

Pardeep Kumar & Ors. Vs the State Govt of NCT of Delhi through SHO P S Narela Delhi & Anr.

Tej Narayan Vs State NCT of Delhi

Monu Chauhan and Another Vs State of N.C.T. of Delhi and Others

Sh.Chetan Bagga Vs State of NCT of Delhi and Others

Tannu Ruhela Vs State NCT of Delhi