← Library
High Court of DelhiCRL.M.C./5046/2024

Purushottam Singh & ANR. v. State (Gnctd) & ANR.

2024-07-05Hon'Ble Mr. Justice Anish Dayal2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5046/2024 & CRL.M.A. 19282/2024 PURUSHOTTAM SINGH & ANR.

.....Petitioners Through:

Mr. Nikhil Yadav & MR. Vikash Kumar, Advocates with petitioners in person versus STATE (GNCTD) & ANR.

.....Respondents Through:

Mr. Hitesh Wali, APP for the State SI Pramod Kumar, PS Krishna Nagar Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 05.07.2024 1.

This petition is filed for quashing of FIR No.806/2015 under Section 304A IPC at PS Krishna Nagar on grounds of settlement between the parties.

2.

Petitioner nos. 1 and 2 and respondent no.2, complainant are present in the Court and are duly identified by the IO, as also by their respective counsels.

3.

Settlement has been arrived at between the parties where respondent no.2, mother of the deceased son, who was working on a construction site, has agreed to accept Rs.4 lakhs as compensation from petitioners. 4.

Counsel for petitioners' states that petitioner no.1 is a small contractor, whereas petitioner no.2 is a labour supplier to construction sites. 5.

Out of total agreed sum of Rs. 4 lakhs, Rs.3 lakhs have already been 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 02/07/2025 at 10:50:51

received by respondent no.2 and balance sum of Rs.1 lakh is handed over to her in the Court today, which she accepts and acknowledges. She confirms that she has no objection to quashing of FIR in view of the settlement arrived at with the petitioners.

6.

Petitioner no.1 has agreed to pay another Rs.1 lakh which shall be paid to respondent within a period of 2 weeks from today. 7.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. 8.

Subject to payment of this additional sum of Rs.1 lakh by petitioner no.1 to respondent no.2, the petition is allowed and FIR No.806/2015 under Section 304A IPC at PS Krishna Nagar and proceedings emanating therefrom are quashed.

9.

The petitioner no.1 shall file an affidavit of payment of the additional sum along with a receipt of respondent no.2, within a period of two weeks from today.

10.

Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 5, 2024/sm 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 02/07/2025 at 10:50:51