Harsh Dev Singh & ORS v. State Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7951/2024 HARSH DEV SINGH & ORS .....Petitioner Through:

Mr. Sharique Hussain, Advs.

versus STATE OF NCT OF DELHI & ORS.

.....Respondent Through:

Mr. Sunil Kumar Gautam, APP Mr. Mohit Auluck, Mr. Vivek Nagar, Adv. for R2 & 3

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 17.12.2024 1.

This is a petition seeking quashing of F.I.R No. 512/2015 under sections 304A IPC, 1860 dated 08.09.2015 registered at Police Station Baba Haridas Nagar and consequential proceedings emanating therefrom. 2.

As per the allegations in the F.I.R, the son of the respondents No. 2 and 3 was electrocuted due to a hanging wire from a pole, as a result of which, Mr. Sudhir Kumar Mandal passed away.

3.

Petitioners have arrived at a settlement with the parents of the deceased and as per which a sum of Rs. 11 lakh 51 thousand has already been paid.

4.

The petitioners are present in Court and are identified by their counsel, Mr. Sharique Hussain.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Respondent Nos. 2 and 3 are present through video conference mode and are identified by their counsel, Mr. Mohit Auluck and Mr. Vivek Nagar. 6.

It is stated by Mr. Hussain, learned counsel that in the present case, there was no negligence on the part of the petitioner as it was only due to a storm previous evening, that the wire from the pole had become loose which resulted in the unfortunate accident.

7.

He assures that all the petitioners are committed to ensuring the safety and security of the citizens of Delhi and any such complaint is addressed immediately by the petitioners.

8.

I am of the view that it was an accident and there is no negligence on the part of the petitioners.

9.

The petitioners undertake that each of the petitioners shall pay another sum of Rs. 1,50,000/- to respondent Nos. 2 and 3 within 6 weeks from today and will file the proof of payment within 8 weeks. 10.

The proof of payment shall be filed in Court within 8 weeks, failing which the file shall be put up before the Court. 11.

I am of the view that there was no negligence on the part of the petitioners and it seems that the incident was an unfortunate accident due to heavy thunderstorm and rains. I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. It is to be noted that no amount of money can substitute the loss of life. However, money can serve as a bridge to overcome the difficulties of life due to the loss of a family member. It can lessen the burden of the family members left behind. This should not be treated as a legal precedent and in this case the proceedings are quashed as the respondents have decided to put a quietus to the matter. The Court does The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 12.

In this view of the matter and subject to payment of another Rs. 4.5 lakhs to the respondents, the F.I.R No. 512/2015 under sections 304A IPC, 1860 dated 08.09.2015 registered at Police Station Baba Haridas Nagar and consequential proceedings emanating therefrom. 13.

The petition is disposed of accordingly.

JASMEET SINGH, J DECEMBER 17, 2024/sp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.