High Court of DelhiW.P.(CRL)/2680/2015

Bses Yamuna Power Limited v. State ( Govt Of NCT Of Delhi) & ORS

2015-11-23Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2680/2015 BSES YAMUNA POWER LIMITED ..... Petitioner Through:

Mr.Prashant Jain, Advocate.

versus STATE ( GOVT OF NCT OF DELHI) & ORS..... Respondents Through:

Mr.Ashish Negi, Advocate.

SI Narendra Singh, P.S.Sonia Vihar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 23.11.2015 Crl. M.A.17029/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 2680/2015 BSES Yamuna Power Ltd is the petitioner before this Court. The prayer in the present petition is for quashing of the FIR No.214/2013 (P.S.Sonia Vihar) instituted for the offence under Sections 285 and 304A of the IPC.

Late Arvind Kumar Sharma was unfortunately electrocuted. He was brought to GTB Hospital where he was declared dead. Electric shock was stated to be reason for the death of Arvind Kumar Sharma. A case thereafter was instituted at the behest of the State against the electricity supply company.

It is submitted that the matter was referred to the Delhi Dispute Resolution Society and Delhi Government Mediation Centre. The family of the victim, who are respondent Nos.2 to 5 participated in the aforesaid deliberation and decided to enter into settlement with the petitioner. As part of the settlement, the respondent Nos.2 to 5 accepted Rs.5 lakhs by way of compensation by the petitioner. As a corollary, the respondents, the heirs of Late Arvind Kumar Sharma, also became agreeable for facilitating the quashing of the subject first information report. There is nothing in the first information report which would even point towards negligence of the electricity supply company. Before the matter could be investigated wherein the responsibility for the mishap could have been fixed, the matter has been settled.

Considering the aforesaid facts and the affirmation of the acceptance of the money by respondent Nos.2 to 5, FIR No.214/2013 (P.S Sonia Vihar) and all the emanating proceedings thereof are quashed. The petition is disposed of in terms of the above.