EASHAN PANDYA vs THE STATE OF NCT OF DELHI AND ORS.

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07.07.2025 + CRL.M.C. 4335/2025 EASHAN PANDYA .....Petitioner Through: Mr. Ankit Bhadaria, Mr. Umesh Singh and Mr. Ashok Nagar, Advs. along with petitioner. versus THE STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Ms. Meenakshi Dahiya, APP with SI Vishva Vijay, PS Civil Lines. Mr. Shivam Kaushik, Adv. for R-2, R-3 & R-4 along with respondents. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 18888/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. CRL.M.C. 4335/2025 3. The present petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 442/2021 dated 12.11.2021 for the offences punishable under Sections 279/337 of the Indian Penal Code, 1860, Signature Not Verified Digitally Signed CRL.M.C. 4335/2025 Page 1 of 4 By:RASHIM KAPOOR Signing Date:08.07.2025 14:43:46 registered at Police Station Civil Lines (“subject FIR”) and all the consequential proceedings arising therefrom. 4. The learned counsel for the petitioner submits that on 12.11.2021, an accident took place involving a car driven by the petitioner and an auto-rickshaw, in which, apart from the driver (respondent no. 2), two passengers, respondent nos. 3 and 4, were present. As a result of the said accident, the respondent nos. 2 and 4 sustained simple injuries, while the respondent no. 3 suffered grievous injuries, leading to registration of the subject FIR. 5. He further submits that, in addition to the registration of the subject FIR, the petitioner had also instituted a claim before the Motor Accident Claims Tribunal (MACT) bearing Case No. 5480/2021. In the said proceedings, all the