Smt. Meenu Kaushik v. The State Govt. Of NCT Of Delhi And ANR.
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3299/2024, CRL.M.A. 31808/2024 SMT. MEENU KAUSHIK .....Petitioner Through:
Mr. Sunny Tiwari and Mr. Dinesh Kumar Madusiya, Advocates with petitioner in person.
Versus
THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Advocate and Mr.
Abhinav Kr.
Arya, Advocates for State.
Ms. Umang Aditya Sngh, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 22.10.2024 1.
The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 0207/24 registered under Sections 287/337 IPC at P.S. Samaipur Badli, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, respondent No.2, who is an employee of the petitioner, sustained grievous injuries while he was operating a machine in the factory of the petitioner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned Standing Counsel for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the complainant/victim in the present case. He further submits that the FIR is still pending investigation and the chargesheet is not filed in the present matter.
4.
Learned counsel for the petitioner submits that the petitioner and respondent No. 2 are related to each other being employer and employee respectively and that the present FIR was registered due to an incident which occurred during the course of employment of respondent No.2. It is further submitted that with the intervention of family members and friends, the parties have amicably settled their disputes vide MOU dated 24.07.2024, a copy of which has been placed on record. In terms of the said settlement, the petitioner has paid the entire settled amount of Rs.3,50,000/- to the respondent No. 2, who is now left with no claim or grievance against the petitioner.
5.
The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by the I.O. The petitioner has shown remorse for the incident and undertakes to take all such precautions/measures to avoid such incidents in future. She further states that respondent No. 2 is currently employed with them. She volunteers to enhance the compensation amount by Rs.50,000/- over and above the settled amount of Rs.3.50 lacs. It is submitted that Rs.50,000/- shall be paid to the respondent No.2 within two weeks from today.
6.
Respondent No. 2 states that he has entered into the settlement with the petitioner out of his own free will, volition and without any coercion. He acknowledges the receipt of the entire settled amount of Rs.3,50,000/- and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
states that he has no objection if the present FIR and consequent proceedings are quashed.
7.
The parties shall remain bound by the statements made in Court today.
8.
In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of Rs.50,000/-, as volunteered by the petitioner, to the respondent No. 2 within two weeks from today. 9.
With the above directions, the petition is disposed of alongwith pending application.
MANOJ KUMAR OHRI, J OCTOBER 22, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.