Ketan Khurana v. Govt Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4082/2017 KETAN KHURANA ..... Petitioner Through:
Ms.Amita Gupta, Mr.Rugha Ram and Mr.Aayush Gupta, Advocates.
versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Raghuvinder Varma, APP for State with SI Kamal Kumar, P.S.
Okhla Ind. Area, New Delhi.
Mr.Parveen Kumar, Advocate for R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 27.09.2017 CRL.M.A.16386/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 4082/2017 This is a petition under Section 482 Cr.P.C filed on behalf of the petitioners for quashing of FIR No.0183/2017, under Sections 287/338 IPC, registered at Police Station Okhla Industrial Area, New Delhi and all subsequent proceedings arising therefrom.
Learned counsel for the petitioner has submitted that the petitioner is
carrying on the business of manufacturing boxes and printing under the name and style of M/s. Bhai Packaging at Okhla Industrial Area, New Delhi and the respondent No.2 was working with the petitioner as Operator with Die-cutting machine w.e.f. 01.05.2017. Counsel further submits that unfortunately on 23.05.2017 when the respondent No.2 was putting sheet under the Die cutting Machine for manufacturing boxes, his left hand got pressed under Chase plate of the machine and the respondent No.2 received injuries on his person.
Counsel further submits that on making communication, the petitioner has taken due care of his well being and provided medical facilities and other facilities to him. However, due to the misunderstanding the aforesaid FIR was got registered by the respondent No.2 against the petitioner. Counsel further submits that after the registration of the aforesaid FIR, the near relatives and friends intervened and the misunderstanding has been sorted out and the matter has been amicably settled between the parties and the same has been reduced into writing on 20th September, 2017 and the same has been acted upon between the parties voluntarily and without any force, pressure or coercion and nothing further remains to adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the petitioner and prays that the aforesaid FIR and its subsequent proceedings arising therefrom may be quashed.
The respondent No.2 Shri Ashok Jha is present in person and has been identified by the IO SI Kamal Kumar, P.S. Okhla Ind. Area, New Delhi and also represented by his counsel Mr.Parveen Kumar, Advocate. The respondent No.2, present in person, admits the amicable settlement reached between the parties on 20th September, 2017.
The respondent
No.2/complainant, present in person, submits that since the date of the alleged incident he is in continuous employment of the petitioner and he has no grievance left against the petitioner. Respondent No.2 has shown happiness on the part of the petitioner for providing help during the period when he received injuries on his person and further submits that nothing further remains to be adjudicated between them and he has no objection if the present FIR is quashed.
Looking into the above facts and circumstances, since the misunderstanding has been sorted and the dispute has been amicably settled between the parties and the same has been reduced into writing on 20th September, 2017 and the same has been acted upon between the parties and looking into the conduct of the petitioner towards the respondent No.2 during the period when he was injured and nothing further remains to be adjudicated between them, to have peace in the industry and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising therefrom.
Consequently, FIR No.0183/2017, under Sections 287/338 IPC, registered at Police Station Okhla Industrial Area, New Delhi and all subsequent proceedings arising therefrom are hereby quashed. Parties shall be bound by the terms of the settlement dated 20.09.2017. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 27, 2017/'dc'