Mukesh Garg v. State Through Sho Ps Rani Bagh And ANR

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5484/2023, CRL.M.A. 20735/2023 MUKESH GARG ..... Petitioner Through:

Mr. U.M. Tripathi, Ms. Nisha Garg and Mr.

Vishal Arun Mishra, Advocates with petitioner in person.

versus STATE THROUGH SHO PS RANI BAGH AND ANR ..... Respondents Through:

Mr. Ashneet Singh, APP for State with ASI Vinod Kumar, P.S. Rani Bagh.

Ms. Harshita Nigam, Mr. Amit Kumar and Mr.

Vivek Kumar, Advocates for respondent Nos. 2 to 6 with respondent Nos. 2 to 6 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.02.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 540/2023 registered under Sections 287/304A IPC at Police Station Rani Bagh, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the respondent received an electric shock while working as a karigar.

3.

Mr. Singh, learned APP for the State, on instructions, submits that petitioner is the only accused person and respondent Nos. 2 to 6 are the only legal heirs of deceased/Sanjiv Ray. Learned APP further submits that though The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the present FIR has been registered under Section 304A IPC however as per the post-mortem information, the deceased had died of cardiac arrest. Learned APP further states that during investigation, the place of incident was also inspected by the FSL team which made following observations:- "It was a shop.

Two metallic counters were present outside of shop. No current was detected.

One pair of slipper was present near counter. Forensic clue material could not be detected." 4.

Learned APP further submits that the I.O. is in the process of filing cancellation report.

5.

Learned counsel for the petitioner submits that the parties have amicably settled their disputes vide Settlement/Compromise Deed dated 29.07.2023, a copy of which has been placed on record as Annexure P-2. In terms of the said settlement, petitioner shall pay a sum of Rs.7 lacs to the respondent Nos. 2 to 6 towards full and final settlement of all their claims. It is submitted that out of the entire settled amount, a sum of Rs.1 lac has already been paid and remaining amount of Rs.6 lacs is being paid today through a demand draft and consequently respondent Nos. 2 to 6 are now left with no claim or grievance against the petitioner. 6.

Petitioner and respondent Nos. 2 to 6, who are present in Court, are identified by their respective counsel as well as the IO/ASI Vinod Kumar, P.S. Rani Bagh.

7.

Respondent Nos. 2 to 6 state that they have entered into the aforementioned settlement with the petitioner out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

9.

Keeping in view the post mortem report, FSL report and the fact that cancellation report is being filed, no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed 10.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J FEBRUARY 7, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.