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High Court of DelhiCRL.M.C./5883/2024

Raju Yadav & ORS. v. State NCT Of Delhi & ORS.

2024-09-20Hon'Ble Mr. Justice Anish Dayal2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5883/2024 RAJU YADAV & ORS.

.....Petitioners Through:

Mr. Rishab Raj Jain, Mr Raghav Awasthi, Advs. along with petitioners in person.

versus STATE NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State with SI Ankur, PS Saket.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.09.2024 1.

This petition has been filed seeking quashing of FIR No. 808/2015 under Section 304A IPC PS Saket. On the last date, it was noted that a compensation of Rs.7 Lacs had been paid back in 2015 and compensatory employment has been given to respondent No.4, the brother of the deceased. This fact had been confirmed by respondent No.4 and the family of the deceased, who was present in Court on the last date. 2.

As per the status report, which has been filed, there are no other accused. The petitioners are the only accused in the matter, as per the charge-sheet and the supplementary charge-sheet. Status report also mentions that as per the Workmen Compensation Act, 2023, compensation should be about Rs.9.75 Lacs, as per the age of the deceased using the multiplying factor.

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 09:21:09

3.

In these circumstances, counsel for the petitioners states that Rs.7 Lacs had already been paid in 2015 which was 9 years back, and also a compensatory employment was given to respondent No.4, which was duly accepted and would substantially comply with the said computation by the State.

4.

Petitioner Nos.1-3 and respondent No.4, the brother of the deceased are present in Court and duly identified by the IO, as per directions in the previous order of this Court.

5.

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. Accordingly, the petition is allowed. Consequently, the FIR No. 808/2015 under Section 304A IPC PS Saket and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

8.

The APP for the State to ensure that the status report is placed on record.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 20, 2024/MK 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 09:21:09