Shaurya Suneja Vs State NCT of Delhi and Anr.

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$~117

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Date of decision: 19.05.2025

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W.P. (CRL) 743/2025 SHAURYA SUNEJA .....Petitioner Through: Mr. Pankaj Sharma, Advocate Petitioner is present through VC

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versus STATE NCT OF DELHI AND ANR. … Respondents Through: Mr. Sanjay Lao, Standing Counsel with SI Nitin Sharma, PS Civil Lines Ashutosh Kumar Singh, Complainant is also present in person through VC Mr. Manish Kumar Singh, Advocate for R-2

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0636/2024, dated 05.12.2024, registered at P.S Civil Lines under sections 281/125(a) BNS and all proceedings emanating therefrom on the basis of settlement between the parties.

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As per the prosecution case, the petitioner while driving car bearing No. DL7CQ 2235 in a rash and negligent manner, struck

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W.P. (CRL) 743/2025 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:2 1.05.2025 17:20:36

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against motorcycle No. DL14SU 4307 and caused injuries to the motorcyclist Ashutosh Kumar Singh (Respondent No.2).

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During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of understanding (MoU) dated 22.01.2025. In pursuance of the Settlement, the Petitioner agreed to pay compensation amount of Rs. 1,00,000/- (Rupees one lac) to the Respondent no.2. as per the schedule mentioned in the Memorandum of understanding (MoU). The copy of Memorandum of understanding (MoU) dated 22.01.2025 has been placed on record as Annexure P-2.

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The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:-

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“08.05.2025

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The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking quashing of the FIR NO. 636/2024 Under Section 281/ 125(A) BNS PS Civil Lines Delhi on the basis of family settlement deed arrived at between the petitioner and R-2.

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Vide order dated 03.03.2025 statement of the parties have already been recorded.

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Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon’ble Court.

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In view of the statement recorded, matter be placed before the Hon’ble Court on 19.05.2025.

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Petitioner and respondent No. 2 have entered their appearance through VC while advocates of parties are physically present before

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W.P. (CRL) 743/2025 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:2 1.05.2025 17:20:36

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the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Nitin Sharma, from PS Civil Lines.

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Respondent No.2 confirms that the matter has been settled with the Petitioner without any force, fear, coercion and he has received the entire compensation amount of Rs. 1,00,000/- (Rupees one lac) from the Petitioner as per the schedule mentioned in the Memorandum of understanding (MoU) dated 22.01.2025. He further submits that he has no objection if the FIR No. 0636/2024 is quashed against the Petitioner.

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In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0636/2024 is quashed.

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

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"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."

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W.P. (CRL) 743/2025 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:2 1.05.2025 17:20:36

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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. 0636/2024, dated 05.12.2024, registered at P.S Civil Lines under sections 281/125(a) BNS and all the other consequential proceeding emanating therefrom.

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In the interest of justice, the petition is allowed, and the FIR No. 0636/2024, dated 05.12.2024, registered at P.S Civil Lines under sections 281/125(a) BNS and all the other consequential proceeding emanating therefrom is hereby quashed.

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Petition is allowed and disposed of accordingly.

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

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RAVINDER DUDEJA, J

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MAY 19, 2025/AK

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W.P. (CRL) 743/2025 Page 4 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:2 1.05.2025 17:20:36

Shaurya Suneja v. State NCT of Delhi and Anr.

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