Bankey Behari Goyal @ Bb Goyal v. State ( Govt Of NCT Of Delhi) & ANR.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3991/2025 & CRL.M.A. 17391/2025 BANKEY BEHARI GOYAL @ BB GOYAL .....Petitioner Through:

Mr. Anil Mittal and Mr. Shaurya Mittal, Advocates with Petitioner in person versus STATE (GOVT OF NCT OF DELHI) & ANR. .....Respondents Through:

Mr. Shoaib Haider, APP for the State with SI Akshay and SI Ashish Sharma, P.S. Shaheen Bagh Mr. Suraj Chaudhary, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 30.05.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioner for quashing of FIR No. 0111/2023 dated 07.03.2021 under Sections 304A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), registered at P.S. Shaheen Bagh and all the proceedings emanating therefrom in terms of the Memorandum of Understanding (MOU) dated 15.05.2025.

2.

Issue Notice.

3.

Mr. Shoaib Haider, learned APP appearing on advance Notice, accepts Notice on behalf of the State.

4.

The Complainant is present in person who submits that it was the 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 02/06/2025 at 12:41:23

occasion of Holi when his five years old daughter lifted the lid of the water tank for getting water for the occasion but accidently fell and died. It is submitted that the Petitioner-Contractor had taken due precautions and the Complainant is still working with the Contractor. 5.

It is further submitted that on the basis of complaint made by Respondent No. 2 FIR No.0111/2023 dated 07.03.2023 under Sections 304A of the IPC was registered at P.S. Shaheen Bagh. 6.

The parties, on account of the facts and relationship, have already entered into an MOU dated 15.05.2025 whereby parties have agreed for quashing of the FIR.

7.

The Petitioner-Contractor is present in person and submits over and above the amount, which has already been given, he undertakes to pay an additional sum of Rs.60,000/- to the Respondent No. 2/Complainant within 03 days in the bank account of wife of the Complainant, as he does not have an account. Receipt of the same shall be furnished to the IO. 8.

Considering the facts of the case and that the matter has been amicably settled between the parties vide MOU dated 15.05.2025, FIR No.0111/2023 under Sections 304A IPC, registered at P.S. Shaheen Bagh and all the consequential proceedings emanating therefrom are quashed. 9.

The Petition alongwith pending Application, is disposed of accordingly.

NEENA BANSAL KRISHNA, J MAY 30, 2025 N 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 02/06/2025 at 12:41:23