LAWS(DLH)-2023-1-356

SHOAIB KOHLI Vs. STATE GNCT OF DELHI

Decided On January 27, 2023
Shoaib Kohli Appellant
V/S
STATE GNCT OF DELHI Respondents

JUDGEMENT

(1.) This is a petition for quashing of FIR No.55/2017 under Ss. 279/304A IPC registered at Police Station Vasant Vihar and all proceedings emanating therefrom.

(2.) Facts in brief are that the above FIR was lodged on the basis of DD No.47A. The allegations in the FIR are that petitioner was driving vehicle bearing No. CH 01 AZ 2534 and accident occurred with a car bearing No. No.HR 55X 4375 Wagon-R/Taxi. Consequent to the alleged accident, the driver of the Taxi was taken to the Hospital where he was declared 'brought dead'. After the investigation, chargesheet under Ss. 279/304A IPC was lodged against Sohain Kohli @ Shoaib Kohli.

(3.) Learned Counsel for the petitioner submits that with the intervention of elders and respected persons, the parties have arrived at a settlement and thereupon MOU dtd. 17/1/2023 has been entered into by the parties. He further submits that continuance of the FIR No. 55/2017 under Ss. 279/304A IPC registered at Police Station Vasant Vihar would be an abuse of the process of the Court in terms of the amicable settlement and this Court may quash the above mentioned FIR and all proceedings emanating therefrom in exercise of its jurisdiction under Sec. 482 of Cr.P.C.