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High Court of DelhiW.P.(CRL)/4010/2024

Mohd Shahid v. State Govt. Of NCT Of Delhi And ORS.

2024-12-23Hon'Ble Mr. Justice Anish Dayal2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 4010/2024 CRL.M.A. 38702/2024 MOHD SHAHID .....Petitioner Through:

Ms. Reeya Singh, Mr. Shahid Azad, Advocates along with petitioner in person.

versus STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondent Through:

Mr. Sanjeev Bhandari, ASC (CRL) for State along with Mr. Arjit Sharma, Mr. Nikunj Bindal Advocates and SI Anugraha, PS: Welcome.

Ms. Riya Khandelwal, Advocates for respondent Nos.2-4

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 23.12.2024 1.

This application has been filed seeking quashing of FIR No.193/2024 registered at P.S. Welcome, under Sections 288/304A of IPC, based on settlement dated 06th July 2024, arrived at, between the parties, which is on the record of this Court.

2.

The incident of collapse of house had taken place at Kabir Nagar, Delhi on 21st March 2024, where two workmen, Tohid and Arshad, died and one workman, Rihan, got injured. Based on settlement which was recorded before the O/o the Labour Commissioner under the Employees The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 12:12:43

Compensation Act, it was agreed to pay Rs.15,50,000/- to the families of each of the deceased and Rs.1,00,000/- to the injured. 3.

The three complainants being respondent Nos. 2, 3 & 4 as well as the petitioner, Mohd. Shahid, are present before this Court, duly identified by I.O.

4.

Respondent Nos.2, 3 & 4 state that they have received the monies and they have no objection to the quashing of the said FIR. 5.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.193/2024 under Sections 288/304A of IPC registered at P.S. Welcome and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 23, 2024/ak/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 12:12:43