Nitesh Solanki v. State NCT of Delhi and Anr

O R D E R %

20.11.2024

¶1This is a petition filed under Section 227 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') [earlier Sections 482 of Code of Criminal Procedure, 1973 ('CrPC')] seeking quashing of FIR No. 671/2016 registered at Police Station-Dabri under Sections 279/323/341/506/325 of IPC.

¶2The allegation in the FIR is that a scuffle took place on account of a minor accident between the car of the petitioner and the motor cycle of the complainant/respondent no.2, as a result of which the respondent no.2 suffered injury, i.e. fracture on the left middle finger.

¶3During the pendency of the proceedings, the parties have arrived at a settlement dated 22.09.2024 wherein the respondent no.2 has agreed to settle the matter and agreed to cooperate in quashing of the FIR registered against The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. the petitioner on payment of Rs. 30,000/- as compensation.

¶4The petitioner states that he shall pay a addition sum of Rs. 20,000 to respondent No. 2 within 4 weeks from today.

¶5Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. It is stated by respondent No.2 that he has no objection if the FIR is quashed against the petitioner.

¶6I am of the opinion that no useful purpose would be served in prosecuting the FIR any further on the ground that the parties have arrived at a voluntary settlement and settled their disputes.

¶7I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings as permitted to continue any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

¶8I am also of the view that the police and judicial machinery has been put in motion on account of the acts of commission & omission on behalf of the petitioner and useful judicial time has been directed towards this case. Hence, in addition to the above payment of settlement amounts, the petitioner shall also report to office of DSLSA, Dwarka for a period of 30 days from 02:00 pm to 06.00 pm, wherein work will be assigned to him to assist the poor litigants by the Member Secretary, DSLSA, Dwarka.

¶9In view of above, the petition is allowed and FIR No. 671/2016 registered at Police Station-Dabri under Sections 279/323/341/506/325 of IPC is quashed.

¶10The proof of payment as well as the compliance shall be filed by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Member Secretary. JASMEET SINGH, J NOVEMBER 20, 2024/NG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9008/2024 NITESH SOLANKI .....Petitioner Through: Mr. Mohit Mathur, Sr. Adv with counsel (appearance not given) versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State with Ms. Sanya Narula, Adv. SI Sandeep, PS Dabri CORAM: HON'BLE MR. JUSTICE JASMEET SINGH