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High Court of DelhiCRL.M.C./8320/2025

Pawan Kumar Kalra & ANR. v. State Of NCT Of Delhi Through Sho Ps Preet Vihar & ORS.

2025-11-21Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8320/2025 and CRL.M.A. 34735/2025 PAWAN KUMAR KALRA & ANR.

.....Petitioners Through:

Mr. Pawan Kumar, Mr. Ashwani, Advs.

versus STATE OF NCT OF DELHI THROUGH SHO PS PREET VIHAR & ORS.

.....Respondents Through:

Ms. Richa Dhawan, APP with SI Vicky Kumar, PS Preet Vihar Mr. Vinesh Kumar, Adv. for R-2 to 4.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 21.11.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No. 220/2017 under Section 285/336/337/304A/34 IPC registered at Police Station Preet Vihar and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

2.

The petitioner and respondent no.2 (brother of deceased) are present in Court. The respondent no.3, who is sister of the deceased, is stated to be unwell. Deepak who is another injured is also present in Court. The parties have been identified by Mr. Pawan Kumar, learned counsel for the petitioner as well as learned IO appearing on behalf of the State. 3.

It is an accident in the factory which led to the registration of aforesaid FIR. In the said accident, one Himanshu Goswami died and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.4 suffered an injury.

4.

During the pendency of the proceedings, the parties arrived at settlement before the Delhi Government Mediation Centre, terms whereof have been recorded in the mediation settlement dated 22.11.2017. In terms of the settlement, it was agreed that the petitioner shall pay a full and final settlement amount of Rs. 7,50,000/- to the LRs of deceased Himanshu Goswami and an amount of Rs. 1,00,000/- shall be paid to the respondent no.4/ injured.

5.

Mr. Pawan Kumar, invites attention of the Court, to the aforesaid mediation settlement to contend that entire settlement amount in terms of the mediation settlement has already been paid to the LRs of the deceased as well as to the respondent no.4. He further contends that the father of the deceased has also passed away.

6.

However, the respondent no.2, the brother of the deceased is present in Court. He acknowledges that the settlement amount was received by his father. Likewise, the respondent no.4 also acknowledges having received the settlement amount of Rs. 1,00,000/-.

7.

On a query posed by the Court, the respondent no.2 and 4 states that they do not wish to prosecute the present proceeding. 8.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

9.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 10.

Consequently, the petition is allowed and the FIR No. 220/2017 under Section 285/336/337/304A/34 IPC registered at Police Station Preet Vihar The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and all consequential proceedings emanating therefrom, is quashed. 11.

The petition along with pending application stands disposed of in the above terms.

12.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J NOVEMBER 21, 2025/neha The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.