Rajesh Kumar Bansal v. The State Of NCT Of Delhi And ANR.
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4162/2022 & CRL.M.A. 17152/2022 RAJESH KUMAR BANSAL ..... Petitioner Through:
Mr.S.Pal Singh, Mr.Mahroz Alam, Advs.
versus THE STATE OF NCT OF DELHI AND ANR. ..... Respondents Through:
Mr.Aman Usman, APP with SI Ravi Narwal.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 26.04.2024 1.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.200/2012 registered at Police Station: Moti Nagar, Delhi, under Sections 287/304A of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.
2.
The present petition is the result of unfortunate death of Mohd. Ishtiyaq because of an electric shock suffered at work place. 3.
The learned counsel for the petitioner submits that in terms of the order dated 16.08.2023, the Amended Memo of Parties has been filed on 12.09.2023. The same is, however, not on record. Let the same be placed on record.
4.
The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioner of 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 02/05/2024 at 12:22:47
her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. 5.
I have perused the contents of the FIR and also the settlement between parties.
6.
Looking into the allegations and also the fact that the petitioner has given Rs.7.5 lacs to the respondent no.2 in full and final settlement of her claim, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.
7.
Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.
8.
Accordingly, the petition is allowed. FIR No.200/2012 registered at Police Station: Moti Nagar, Delhi, under Sections 287/304A of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J APRIL 26, 2024 RN/RP 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. The Order is downloaded from the DHC Server on 02/05/2024 at 12:22:47