Krishan Garg v. The State & ANR
$~17 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3256/2018 KRISHAN GARG ..... Petitioner Through:
Mr. Raghav Ranjan Srivastava, Adv.
versus THE STATE & ANR ..... Respondents Through:
Mr. Izhar Ahmad, APP with ASI Rajender Singh, P.S. Alipur.
Mr. Krishan Kumar, Adv. for R-2 & R-3 along with R-2 and R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 02.07.2018 It is submitted that deceased-Amit, who was aged about 19 years, was not employed with the petitioner. Deceased had come along with respondent no.3 to the property of petitioner to meet the guard of the petitioner. He touched the cooler installed in the house of the petitioner and unfortunately was electrocuted and died. Incident resulted in registration of FIR No. 651/2015 under Sections 287/304A IPC at police station Alipur (Outer). Respondent no.2 is the father of deceased; whereas respondent no. 3 is uncle (Mama) of the deceased. Petitioner and respondent no. 2 have settled their disputes amicably, inasmuch as, petitioner has already paid `3.50 lacs to respondent no. 2, even though there was no negligence on the part of
petitioner in the unfortunate incident of electrocution. Respondent nos. 2 and 3 are present in Court and have been identified by ASI Rajender Singh of police station Alipur. They submit that they have settled the matter with the petitioner of their own free will and without any undue force, pressure or coercion, inasmuch as, respondent no.2 has received entire settled amount from the petitioner. They say that they have no objection in case the FIR is quashed. Compromise deed dated 25th May, 2018 is on record.
Keeping in mind the facts and circumstances of this case as detailed above and more particularly the compromised having been arrived at between the petitioner and respondent no.2 and 3 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending.
Accordingly, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.
Dasti.
A.K. PATHAK, J.
JULY 02, 2018 ga