Satish Kumar v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1365/2017 SATISH KUMAR ..... Petitioner Through:

Mr.Deepankar Mohan, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with ASI Hira Lal, Police Station-Seemapuri Mr.Yoginder Singh, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.03.2017 CRL.M.A.5513/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1365/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.240/2016, under Sections 287/337/338 IPC, registered at Police StationSeemapuri, Delhi and all proceedings emanating therefrom. Counsel for the petitioner submits that petitioner, Mr.Satish Kumar is the owner of a small scale industry where the respondent No.2, Mr.Dilip Kumar has been working as an employee. He has further submitted that due to error of judgement, the respondent No.2 met with an accident resulting into registration of FIR No.240/2016, under Sections 287/337/338 IPC at

Police Station-Seemapuri, Delhi. Counsel further submits that the petitioner being owner of small scale industry to show good gesture has paid Rs.2,50,000/- to the respondent No.2. Counsel further submits that the petitioner has taken on life insurance policy for the respondent No.2. The petitioner, Mr.Satish Kumar is present in person and counsel for the petitioner on instructions submits that till the respondent No.2 remains alive, he will be in the employment of the petitioner and left hand of the respondent was amputated due to accident. Counsel for the petitioner on instructions further submits that the wages paid to respondent No.2 shall not be less than the minimum wages as applicable in the State of Delhi till his life time. He submits that the matter has been amicably settled between the parties vide compromise deed dated 16.01.2017 and nothing remains to be adjudicated further between them, the present FIR, which is coming as a hurdle in their way, may be quashed.

The respondent No.2, Mr.Dilip Kumar is present in Court today and has been identified by the Investigating Officer ASI Hira Lal, Police StationSeemapuri, Delhi. The respondent No.2 admits that he has settled the matter amicably with the petitioner vide compromise deed dated 16.01.2017. He further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. The respondent No.2 admits that he has heard the statement made by the petitioner. He submits that nothing remains to be adjudicated further between them and he has no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further between them, to maintain good relationship between the

parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.240/2016, under Sections 287/337/338 IPC, registered at Police Station-Seemapuri, Delhi and all proceedings arising therefrom are hereby quashed. Parties to remain bound by the terms of compromise dated 16.01.2017.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MARCH 30, 2017/radhika