Musawir Hasan v. State NCT Of Delhi And ORS.

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1271/2024 MUSAWIR HASAN .....Petitioner Through:

Mr. Sanjeev Kumar Sarwal, Adv.

versus STATE NCT OF DELHI AND ORS.

.....Respondent Through:

Mr. MW Rehman, Mr. Parvez Haider, Advs.

Mr. Mukesh Kumar, APP SI Kavendra Singh, PS Mandir Marg

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 09.12.2024 1.

This is a petition seeking quashing of the FIR No. 153/2023 dated 01.11.2023 registered at PS Mandir Marg under Sections 287/304A of IPC.

2.

As per the FIR, the husband of the respondent No.2 was working on a glow sign board under the petitioner, who was the contractor. Thereafter, the husband of the respondent No.2, namely Mr. Shafat Ali, got electrocuted and subsequently passed away. 3.

In the FIR, there are no allegations of any negligence on the part of the petitioner.

4.

The charge sheet has also not been filed in the present case. 5.

The parties have arrived at a settlement dated 14.12.2023, wherein the petitioner has agreed to transfer of property being built-up property The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

/Flat, measuring 33 Sq. Yards, Second Floor (without Roof Rights) bearing No.245 Sq. Yards Khasra No.277 / 116, Gali No.A-1/5, Village Wazirabad, Delhi- 110084 vide Gift dated 08/05/2023 in the name of the respondent No.2, i.e. the wife of the deceased and the respondent No.3 and 4, who are the sons of the deceased. 6.

It is stated that the said property has been handed over and is in possession of the respondents.

7.

Even though the documents with respect to transfer of property are unregistered, the petitioner namely Mr. Musawir Hasan, who is present in Court, has given a statement in this regard on SA, which is attached with the order being passed today.

8.

The respondent No.2 appears for and on behalf of the respondent Nos. 3 and 4 who are minor and states that the matter has been settled and she has no objection if the present FIR is quashed. 9.

Since there are no allegations of negligence on the part of the petitioner, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. It is to be noted that no amount of money can substitute the loss of life. However, money can serve as a bridge to overcome the difficulties of life due to the loss of a family member. It can lessen the burden of the family members left behind. This should not be treated as a legal precedent and in this case the proceedings are quashed as the respondent has decided to put a quietus to the matter. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10. For the said reasons, the FIR No. 153/2023 dated 01.11.2023 registered at PS Mandir Marg under Sections 287/304A of IPC and all consequential proceedings emanating therefrom are hereby quashed.

11. The petition is disposed of in the aforesaid terms. JASMEET SINGH, J DECEMBER 9, 2024 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.