Anushka Das & ORS v. State (Govt Of N.C.T Of Delhi) & ANR

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2090/2016 ANUSHKA DAS & ORS ..... Petitioners Through:

Mr. R.K. Singh and Ms. Deepa Rai, Advs.

along with petitioners in person.

Versus

STATE (GOVT OF N.C.T OF DELHI) & ANR ..... Respondents Through:

Ms. Richa Kapoor, ASC with SI Vishnu Dutt, P.S. Jaitpur.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.07.2016 Crl. M.A. 10917/2016 Allowed, subject to all just exceptions.

Application is disposed of.

W.P. (Crl.) 2090/2016 Petitioner no. 1 is the sole proprietor of M/s Anuska Das; whereas petitioner no.2 is her husband. Respondent no.2 is the labour contractor of petitioner no.1.

Husband of petitioner no. 3 namely, Kaushal Rai was working with M/s Anuska Das, which is a garment export factory. Certain inflammable solvents were being used for the washing of clothes and were lying in the factory. On 27th January, 2016, some labourers were cooking food in the factory, as a result whereof the 'solvent' lying there caught fire

as a result whereof Kaushal Rai (husband of petitioner no.3) sustained burn injuries and was removed to hospital where he died after about 15 days. On the statement of injured-Kaushal Rai, FIR No. 51/2016 under Sections 336 IPC was registered at police station Jaitpur. After the death of the injured Section 304-A IPC was also added in the FIR.

Petitioners and respondent no. 2 have now settled their disputes amicably. Petitioner no.1 has compensated the petitioner no.3 by paying `8 lacs to her which amount has been accepted by her. Petitioner nos. 4 and 5 are the children of deceased-Kaushal Rai and petitioner no.3. They are major.

They are present in Court and have submitted that entire compensation be given to their mother, that is, petitioner no. 3. Keeping in mind that parties have settled their disputes during the pendency of investigation, inasmuch as, keeping in mind the manner in which incident took place, FIR No. 51/2016 under Sections 336/304-A IPC registered at police station Jaitpur and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

JULY 22, 2016/ga