Vivek Verma & ANR. v. State Of NCT Of Delhi And ORS.
$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 729/2022 VIVEK VERMA & ANR.
.....Petitioners Through:
Mr. Pratap Singh, Mr. Dishant Kaushik, Ms. Muskan Sharma, Mr.
Gaurav Chauhan, Mr. Arun Yadav, Advs. with petitioners.
versus STATE OF NCT OF DELHI AND ORS.
.....Respondents Through:
Mr. Amol Sinha, ASC with Mr.
Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi Lazarus, Advs. for State and SI Amit Kumar, PS Dwarka South with respondent No.2.
Mr. Raman Mudgil, Adv. (VC) for of R2 to R4.
R-2 and 4 are present in person.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA % 22.07.2024
O R D E R
1.
The present petition has been filed under Article 226 of Constitution of India r/w Section 482 Cr.P.C seeking quashing of case FIR No. 94/2018 under Section 287/304A IPC PS Dwarka South, Delhi. 2.
Respondent No.2 and 4 are present in person.
3.
Respondent No.3 is stated to be minor child and he is not able to come to the court.
4.
IO has identified the respondents.
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5.
Learned counsel submits that the present FIR was lodged on the statement of respondent No.4 Jal Singh. As per FIR Sh. Dharmendra @ Rabbu died of electrocution. In the FIR it was alleged that action be taken against builder Ghansyam.
6.
The FIR was lodged and after investigation, the charge-sheet has been filed. However, the parties reached on a settlement vide mutual agreement dated 28.03.2019 between the parties on the following terms and conditions:
"1. That the First Party has agreed to pay as full and final amount of Rs.3,00,000/- to the second party in installments as compensation i.e.first installment of Rs.51,000/-(fifty one thousand rupee), second installment of Rs.99,000/- and third installment of Rs. Rs.1,50,000/-(one lakh fifty thousand rupee).
2. The first party has paid Rs.51,000/-(Rupee fifty one thousand) of first installment to the second party towards settlement/compensation at the time of incident.
3. The first party has paid Rs.99,000/-(Rupee ninety nine thousand) of second installment to the second party towards settlement/compensation at the time of signing of the present compromise deed.
4. That the third installment of amount Rs.1,50,000/-(Rupee one lakh fifty thousand) has to be paid to second party at the time of Quashing of the FIR \ withdrawal of the complaint.
5. It is further agreed between the parties that the second party has received full and final amount after receiving the third installment and would not claim for the same in future from the first party after receiving the last installment as mentioned in this compromise deed.
6. That the parties have entered into the present compromise deed/Settlement without any force, fraud or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
undue influence from any corner, rather due to the sweet will and consents of both the parties.
7. That both the parties will file joint application before the hon'ble High court and record their statement in respect of settlement.
8. That second party confirms that there is no other legal heir of deceased except the LR mentioned in the present compromised deed.
9. That the second party also confirms and undertakes that if any other LR of above said deceased comes to claim compensation from the first party in respect of above said matter the second party will be liable to pay the said claimant."
7.
In terms of the settlement dated 28.03.2019 payment of Rs. 1,50,000/- has been paid.
8.
Although the settled amount was Rs. 3,00,000/-, the petitioner is willing to pay Rs. 2,50,000/- more in cash to Respondent No. 2 today in court.
9.
Respondent No.2 states that she has entered into the settlement voluntarily on her own free will without any fear, force or coercion.
10. In view of the above, FIR No. 94/2018 under Section 287/304A IPC PS Dwarka South, Delhi and the proceedings emanating therefrom are quashed.
11. In view of the above, the petition stands disposed of. DINESH KUMAR SHARMA, J JULY 22, 2024/AR..
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.