Delhi HC quashes FIR lodged by French diplomat, noting compromise with accused

New Delhi [India], January 24 : The Delhi High Court has quashed an FIR lodged by a French diplomat in connection with a road accident after noting the fact that a compromise with the accused has taken place and the complainant has received an amount spent on the repair of the car.
The case linked to the incident was registered at the Vasant Vihar police station in 2015 on the complaint of Xavier Gradeler, who was a diplomat at the embassy of France at the relevant time.
Justice Manoj Kumar Ohri allowed the petition of Samay Sanjay seeking to quash the FIR after considering the submissions and facts.
"Considering the aforesaid facts, including the factum of compromise deed and that the settlement amount has already been received by Xavier Gradeler, in my view, no fruitful purpose would be served in continuation of the present FIR," Justice Ohri said in the order of January 19, 2024.
"Accordingly, the above-mentioned FIR and the consequent proceedings emanating therefrom are quashed," the bench ordered.
Petitioner Samay Sanjay has moved a petition through advocate 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 a cheque dated 30.09.2016 and that a Compromise Deed was also executed between the parties on October 1, 2016, wherein the complainant had agreed to cooperate in the quashing of the present FIR.
The bench noted that on February 16, 2023, while noting the aforesaid facts, a notice of the petition was directed to be issued and the complainant was permitted to appear either through the Embassy of France or through a video conference.
The counsel for the petitioner submits that the complainant has since returned.
to France.
The said fact has also been stated by the Additional public prosecutor (APP) for the State,on instructions from the concerned I.O.
Again on May 4, 2023, a statement of the petitioner's counsel was also recorded to the effect that several emails as well as reminders were sent to the France Embassy; however, no response was received.
On April 11, 2015, at about 1.30 am, when the petitioner was driving his car, he mistakenly collided with Gradeler's car, which was parked below the house.
The cars of the complainant and the petitioner were both damaged, the petition stated.
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 with 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 meanwhile, through emails dated May 19, May 20, 2015, and May 21, 2015, the complainant informed the petitioner that an amount of Rs 69,238 has to be paid for the repair of the damaged vehicle, which may be reimbursed to him by the petitioner.
Accordingly, on October 1, 2016, a compromise was entered into between respondent no. 3 and the petitioner and a full and final settlement was reached. The petitioner made a payment amounting to Rs 69,238 to respondent no. 3 by way of a cheque dated September 30, 2016.
The complainant (who was a French diplomat at the time of the accident) made a statement before the magistrate at Patiala House Court on September 29, 2016, that he would cooperate in the quashing of the FIR lodged against the petitioner, the plea stated.