Sh Subhash Sethi & ANR v. NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2720/2017 SH SUBHASH SETHI & ANR ..... Petitioners Through:

Ms. Latika Choudhary, Adv. with petitioner no.2 in person.

versus NCT OF DELHI & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP with ASI Kunji Lal, P.S. Jaitpur.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.12.2017 Petitioner no.1 is director of M/s Saras Power Project Co. Pvt. Ltd.; whereas petitioner no.2 is Supervisor in the said company. Respondent no.2 is widow of Late Sh. Gyan Singh, who was working as a Lineman with M/s Saras Power Project Co. Ltd. It is submitted that M/s Saras Power Project Co. Pvt. Ltd. was working as a contractor of BSES. On the fateful day, deceased-Gyan Singh was repairing the electric pole no. SUR/NK01 of BSES Rajdhani Power Ltd. at about 8:30 pm. Shri Maan Singh S/o Mool Chand, who was helper of lineman, was also present there. He was holding the ladder on which deceased was standing while repairing the pole. Suddenly, Gyan Singh received back current and fell down from the pole and became unconscious.

He was removed to hospital where he was

declared dead.

Investigations are stated to be still pending. Respondent no.2 is present in Court and has been identified by ASI Kunji Lal of police station Jait Pur. Respondent no.2 submits that she has amicably settled the matter with M/s Saras Power Project Co. Pvt. Ltd. through its director, that is, petitioner no.1, of her own free will and without any undue force, pressure or coercion. She submits that she has already received `5.30 lacs from the petitioners towards compensation. She further submits that pension of respondent no.2 has already been approved by the ESIC and she will receive the same from the ESIC in due course.

Respondent no.2 says that she has no objection in case the FIR is quashed.

Keeping in view the settlement arrived at between the petitioners and respondent no.2 voluntarily, more particularly the fact that respondent no.2 has no objection for quashing of the FIR, in the interest of justice, FIR no. 252/2014 under Sections 304A IPC police station Jait Pur, which is at the investigation stage, is quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

DECEMBER 15, 2017/ga