ARPIT KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR no. 512/2022 registered under Sec. 279/338 IPC at PS Amar Colony, and all proceedings arising therefrom pursuant to a settlement between the parties.

(2.) On 1/9/2022 the complainant Deepak Bouthiyal was hit by a speeding motorcycle (DL5BY7571) that jumped a red light at Sant Nagar, causing grievous injuries and fractures, following which he was taken to AIIMS Trauma Centre for treatment. Due to his condition, he could not immediately report the incident but later filed a written complaint on 6/9/2022 from his residence. Based on his complaint and the MLC received from AIIMS, a case under Ss. 279 and 337 IPC was registered at PS Amar Colony against the motorcyclist Arpit.

(3.) During the proceedings, both parties entered into a Compromise/Settlement Deed dtd. 21/10/2024 before the mediation centre, Saket. The parties have amicably settled all disputes arising out of FIR No. 512/2022, with the petitioner Arpit agreeing to pay ?45,000/- to the respondent no. 2/complainant within one week as full and final settlement. A copy of the settlement deed arrived in the mediation center is annexed as Annexure A-2. 5. Petitioner is physically present before the Court while respondent no.2 has entered appearance through VC. They have been identified by the counsel as well as by the Investigating Officer SI Chanderveer, PS-Amar Colony. 6. Respondent No. 2submits that the matter has been amicably settled with the Petitioner without any force, fear, or coercion and confirms that he has received the settlement amount. He has no objection to the terms and conditions mentioned in the Compromise/Settlement Deed dtd. 21/10/2024 and further submits that he has no objection if FIR no. 512/2022 registered under Sec. 279/338 IPC at PS Amar Colony along with all pending proceedings arising therefrom, is quashed against the Petitioners. 7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR no. 512/2022 registered under Sec. 279/338 IPC at PS Amar Colony along with pending proceeding is quashed. 8. 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:-