Bhushan Kumar & ORS v. The State & ANR

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1083/2018 BHUSHAN KUMAR & ORS ..... Petitioners Through:

Mr. Sharique Hussain, Adv.

versus THE STATE & ANR ..... Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with SI Mukesh

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 28.02.2018 Crl. M.A. 3907/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1083/2018 1.

The petitioners seeks quashing of FIR No. 26 of 2017 under Sections 336/337/34 of the IPC Police Station Sagarpur, New Delhi, based on a settlement.

2.

It is alleged in the FIR that the subject incident occurred on account of an accidental slip the complainant suffered electrocution burns. The complainant is a contractual employee of BSES and works as a lineman. On the fateful day, because of an error, entire supply of electricity was disconnected, and the complainant suffered burns. 3.

Respondent no. 2/complainant is present in person in Court today CRL.M.C. 1083/2018

and is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioners. He further submits that he does not wish to press the criminal complaint against the petitioners any further. 4.

The offences are compoundable, however till date charge sheet has not been filed. Accordingly, the petitioners have approached this Court for quashing of the FIR based on a settlement.

5.

In view of the fact that the disputes between the parties has been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would also be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6.

In view of the above, the petition is allowed. FIR No. 26 of 2017 under Sections 336/337/34 of the IPC Police Station Sagarpur, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 28, 2018 'rs'

CRL.M.C. 1083/2018