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High Court of DelhiW.P.(CRL)/751/2023

Pramod Gupta v. The State Of NCT Of Delhi & ANR.

2025-04-29Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 751/2023 PRAMOD GUPTA .....Petitioner Through:

Mr. C.M. Grover, Advocate versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar, Advocate along with SI Manish Giri, PS GTB Enclave

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 29.04.2025 1.

The present petition seeks quashing of FIR No. 0343/2018 on the basis of an alleged settlement between the Petitioner and Respondent No. 2 - Complainant. Respondent No. 2 is the wife of the deceased, an employee of the Petitioner, who passed away on 23rd October, 2018 at the age of 58 years due to an accident in the Petitioner's factory. 2.

The Petitioner is offering an amount of INR 4,00,000/- to Respondent No. 2 towards full and final settlement of their claims and as such, he seeks quashing of the FIR on this basis.

3.

On the other hand, Ms. Rupali Bandhopadhya, ASC for the State of NCT of Delhi submits that as per Section 4 of the Employees Compensation Act, 1923, apply the minimum wages and age of the deceased, the minimum compensation to be paid by the employer - Petitioner amounts to INR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 16:07:32

8,04,6962/-. Considering this, the Court queried from the counsel for the Petitioner, whether they are agreeable to pay this amount with applicable rate of interest.

4.

However, counsel for the Petitioner, responds in the negative and states that certain part payments amounting to INR 3,00,000/- have already been paid to the Complainant. In such circumstances, the Court is not inclined to accept the settlement between the parties as a basis for quashing of the FIR.

5.

Accordingly, the present petition is dismissed. 6.

It is made clear that the court has not commented on the merits of the case. All rights and contentions of the parties are left open. Petitioner shall be at liberty to reapply in case a genuine and fair settlement is reached between the parties.

SANJEEV NARULA, J APRIL 29, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 16:07:32