LAWS(DLH)-2015-8-543

PRIYANKA KATHURIA Vs. STATE OF DELHI AND ORS

Decided On August 17, 2015
Priyanka Kathuria Appellant
V/S
State Of Delhi And Ors Respondents

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seek quashing of FIR No.101/2013 registered at Police Station Pandav Nagar, Delhi, for the offences punishable under Sections 279/304A of the IPC and the consequential proceedings emanating therefrom against her.

(2.) Learned counsel for petitioner submits that on 03.03.2013 on the fateful day, the petitioner and daughter of respondent Nos.2 & 3 were travelling together and met with an accident wherein the daughter of respondent Nos.2 & 3 succumbed to injuries. The police has filed the charge sheet and notice is yet to be served upon the petitioner by learned Trial Court, thus the case is at the initial stage. Meanwhile, parents of deceased and petitioner have compromised the matter and they do not want to pursue the case against the petitioner and seek to allow the instant petition. To this effect, respondent Nos.2 & 3 have filed their affidavits, which are on record.

(3.) Respondent No.2, father of deceased personally present in the Court with Mr.Rakesh Gupta, learned counsel for both respondent Nos.2 & 3. He has also been duly identified by SI Madan Lal. Father of deceased/ respondent No.2 submits that his daughter and petitioner were travelling on the vehicle of petitioner and petitioner was driving the vehicle. However, accident had taken place and his daughter expired as a matter of chance, however they do not want to pursue the case against petitioner anymore and have settled the matter with petitioner vide settlement deed dated 08.01.2015. They have no objection if the present petition is allowed.