SARANSH MACHAN Vs. STATE & ORS.

JUDGEMENT

(1.) By the present petition the petitioner seeks quashing of FIR No. 319/2010 under Section 279 and 304A IPC registered at PS Bharat Nagar involving a road traffic accident of Smt. Satveeri Devi @ Satto resulting in her death. Smt. Satveeri @ Satto was the wife of respondent No.2 and the mother of respondent No.3 to 9. The petitioner seeks quashing on the ground that the matter has been settled with the respondents No. 2 to 9 vide the compromise agreement dated 2nd March, 2016 wherein the petitioner has agreed to pay a total sum of Rs.45,000/ - besides a sum of Rs.5,59,000/ - received by them from the insurance company pursuant to an award passed by the MACT Rohini Courts, Delhi.

(2.) Learned counsel for the petitioner submits that for an offence punishable under Section 304 IPC the maximum sentence that can be awarded is imprisonment for a period of two years and the offence not being serious in view of the decision of the Supreme Court in Gian Singh Vs. State of Punjab (2012) 10 SCC 303 , the present FIR be quashed as the parties have amicably resolved their disputes. Learned counsel for the petitioner relies upon a decision of this Court in CRL.M.C.443/2016 decided on 10 th May, 2016 titled as 'Neeraj Vs. The State and Anr.' wherein in a case of road traffic accident this Court has quashed the FIR as the parties have settled the matter.

(3.) Heard learned counsel for the petitioner and learned APP for the State.