M/S Agni Limited v. The State (Govt Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2664/2015 M/S AGNI LIMITED ..... Petitioner Through:

Mr. Bhavneet Singh, Adv. along with petitioner in person.

Versus

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

Mr. Sanjay Lao, ASC with SI Suresh Chand, P.S. Rajouri Garden.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.07.2016 By this writ petition under Article 226 of the Constitution, petitioner has prayed for quashing of the FIR No. 1188/15 under Sections 288/337 IPC registered at Police Station Rajouri Garden on the complaint of respondent no.2.

Learned ASC for the State submits that since injured subsequently died Section 304A IPC has been added in the FIR. Respondent nos. 3 and 4 are children of respondent no.2. In his statement recorded by the Executive Magistrate, during the investigation, respondent no.2 has stated that his wife, namely, Reena (deceased) was working at the first floor of an under construction building at Rajouri Garden, when at about 5 pm she fell down

from the first floor since she lost balance. He and other workers had requested the management/contractor to put pipes and ropes around the spot but they did not take any step in this direction. On the request of petitioner and respondent no. 2 the matter was referred to the Mediation Centre. It is submitted that petitioner on the one hand and respondent no. 2 for himself and on behalf of respondent nos. 3 and 4, have settled their disputes on the terms and conditions as stipulated in the Settlement Agreement dated 15th July, 2016. In terms of the settlement, petitioner has already paid `2.50 lacs to the respondent no.2 and the remaining settled amount of `1.50 lacs has been paid today in court through demand draft drawn in the name of sister-in-law of the respondent no.2, namely, Ms. Gudali Devi. Respondent no.2 for himself and on behalf of his children, that is, respondent nos. 3 and 4 submits that he has no objection in case the FIR is quashed.

Keeping in mind that parties have settled their disputes, inasmuch as, petitioner has compensated the respondent no. 2 in terms of the settlement arrived at between them before the Delhi High Court Mediation & Conciliation Centre, in the interest of justice, FIR No. 1188/15 under Sections 288/304A/337 IPC registered at Police Station Rajouri Garden and

the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

JULY 19, 2016 ga