Sandeep Goyal v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 999/2018 SANDEEP GOYAL ..... Petitioner Through:

Mr.

Jai Ram Garg, Adv.

with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through:

Mr. G.M. Farooqui, APP with SI Sonu, P.S. S.P. Badli.

Mr. Sanjay Kr Sharma, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.02.2018 While working in the workshop of petitioner, deceased-Sunil died due to electrocution on 19th July, 2013, accordingly, FIR No.341/2013 under Sections 287/304A IPC was registered at police station Samaipur Badli. Deceased was unmarried. Respondent no.2--Budhan Mandal is father of the deceased.

Respondent no.2 says that he has settled the matter with the petitioner of his own free will and without any undue force, pressure or coercion vide Compromise/Settlement Deed dated 22nd February, 2018. Statements of co-workers of the workshop was recorded who stated that deceased was electrocuted since wiring of the machine was old. Respondent no.2 submits that he has already received entire settled amount of `3.65 lacs

from the petitioner.

He further states that `35,000/- was spent by the petitioner on cremation. He further submits that his wife is blind and lives in the village. He has settled the matter on his behalf and on behalf of his wife as well. He and his wife have no objection in case FIR is quashed. Affidavit of respondent no.2 is on record.

Keeping in mind the settlement arrived at between the petitioner and respondent no.2 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

FEBRUARY 26, 2018 ga