New Delhi: The Delhi High Court has quashed the FIR lodged by a French diplomat in connection with a road accident after taking into account the fact that a settlement has been reached with the accused and the complainant has received a reprieve. Amount spent on repairing the car. The case related to the incident was registered at Vasant Vihar police station in 2015 on the complaint of Xavier Gredler, who was then a diplomat at the French embassy.
Justice Manoj Kumar Ohri, after considering the submissions and facts, allowed Sanjay’s plea seeking quashing of the FIR.
Justice Ohri said in his order, “In view of the above facts, including the fact of the settlement deed and that the settlement amount has already been received by Xavier Gredler, in my view, there is no meaningful point in continuing with the present FIR.” The objective will not be achieved.” January 19, 2024. “Accordingly, the aforesaid FIR and the proceedings resulting therefrom are quashed,” the bench ordered. Petitioner Samay Sanjay has filed the petition through lawyer Risha Mittal.
It was submitted by Advocate Risha Mittal that during the proceedings before the Trial Court, the petitioner had paid a sum of Rs 69,238 through check dated 30.09.2016 and also executed a settlement deed between the parties on 1 October, 2016 In which the complainant agreed to cooperate in getting the present FIR quashed.
The bench said that taking note of the above facts, notice of the petition was directed to be issued on February 16, 2023 and the complainant was permitted to appear before the Embassy of France or through video conference.
The petitioner’s lawyer says that the complainant has returned. to France. The above fact has also been stated by the Additional Public Prosecutor (APP) of the State on the instructions of the concerned IO, on May 4, 2023, a statement of the counsel for the petitioner was also recorded to the effect that along with several emails to the French Embassy Reminders sent; However, no response was received.
On April 11, 2015, at about 1.30 am, when the petitioner was driving his car, he accidentally hit Gredler’s car, which was parked below the house. The petition states that the cars of both the complainant and the petitioner were damaged. It was also stated that on the same day, April 11, 2015, the complainant lodged a First Information Report under Section 279 of the Indian Penal Code, 1860 at the Police Station, Vasant Vihar.
A final report under section 173 of the Code of Criminal Procedure, 1973 was filed before the Patiala House Court.
It was also stated that in the meanwhile, through emails on 19th May, 20th May 2015 and 21st May 2015, the complainant informed the petitioner that a sum of Rs 69,238 would have to be paid for the repair of the damaged vehicle, which the petitioner may He was reimbursed by.
Accordingly, on 1 October 2016, an agreement was reached between defendant no. 3 more petitioners and a full and final settlement was reached. The petitioner paid Rs.69,238 to respondent no. 3 Through check on September 30, 2016.
The complainant (who was a French diplomat at the time of the accident) gave a statement before the magistrate in Patiala House Court on September 29, 2016 that he would cooperate in the annulment. It has been said in the petition that the FIR lodged against the petitioner.
