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High Court of DelhiCRL.M.C./968/2020

Salim Ahmad v. The State (NCT Of Delhi) & ANR

2024-09-04Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 968/2020 SALIM AHMAD .....Petitioner Through:

Mr. Gaurav Kochar and Mr. Kunal Narang, Advocates.

versus THE STATE (NCT OF DELHI) & ANR .....Respondents Through:

Mr. Hemant Mehla, Ld. APP for the State with Insp. Vikas Pilania P.S.

Welcome.

Mr. Akash Tyagi, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 04.09.2024 1.

A Petition under Section 482 Cr.P.C has been filed on behalf of the petitioner for quashing of FIR No.446/2017 under Section 287/304-A IPC registered at Police Station Welcome, Delhi.

2.

The incident took place on 18.09.2017 when a person namely Raju received electric shock from a machine. The labour saved Raju from the said machine and took him to GTB Hospital.

The Doctors declared him brought dead after due investigations FIR No.446/2017 under Section 287/304-A IPC was registered at Police Station Welcome against the petitioner who is the owner of the factory, where the said Raju was working. 3.

It is submitted that the petitioner and respondent No. 2 and 3 who are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the parents of deceased Raju aged about 18 years who died of electrocution in the factory of the petitioner have already sorted out their all differences with the intervention of their respective persons of the vicinity and they have left no grudge or grievance against each other in any manner whatsoever. Therefore, the Petition be quashed.

4.

The complainant is present in the Court and submits that the matter stands settled with the petitioner vide Compromise Deed dated 29.01.2020, without any pressure, force or coercion and the parties have undertaken to abide by the terms of the Settlement dated 29.01.2020 in future. According to the Compromise Deed the petitioner had agreed to pay a sum of Rs.7,50,000/- to the respondent No.2 and 3 who are the parents of deceased Raju. It is further submitted that out of the settled amount of Rs.7,50,000/-, a sum of Rs.7,00,000/- has already been paid to the respondent No.2 and 3 in cash and the balance amount of Rs.50,000/- has been paid to them today in the Court in cash. Even before the incident, respondent No.2 had been working in the factory of the petitioner which he is continuing to do even today. The complainant has no objection if the FIR is quashed against the petitioner on account of the settlement already arrived at between the parties.

5.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 6.

In view of the submissions made, the Petition is allowed.

Accordingly, the FIR bearing No. 446/2017 registered at Police Station Welcome, for offences punishable under Sections 287/304-A of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua the petitioner.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 4, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.