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$-18 HIGH COURT OF DELHI
CRL.M.C. 3594/2012
KRISHNA KUMAR MISHRA Petitioner
Through Mr. Sudhir Nandrajog, Sr. Adv. With Mr. Rishab Raj, Adv.
CRL.M.C. 3594/2012
KRISHNA KUMAR MISHRA Petitioner
Through Mr. Sudhir Nandrajog, Sr. Adv. With Mr. Rishab Raj, Adv.
VERSUS
STATE & ANR.
Respondents
Through Mr. Naveen Sharma, APP for the State.
SI Ichha Ram, PS New Friends Colony.
Respondents
Through Mr. Naveen Sharma, APP for the State.
SI Ichha Ram, PS New Friends Colony.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
07.02.2013 Mr. Sudhir Nandrajog, Sr. Advocate appearing for the petitioner, on instructions from the petitioner, has volunteered to pay an additional amount of Rs. 1,50,000/- to respondent No.2, who is the mother of the deceased.
By this petition filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C. the petitioner seeks quashing of FIR NO. 203/2010 dated 1.9.2010 registered under Section 304A IPC with pohce
Station New Friends Colony.
2013:DHC:7718 u Mr. Sudhir Nandrajog, Sr. Advocate for the petitioner submits that both the parties have settled their disputes and in terms ofthe settlementthe petitioner has already paid an amount ofRs. 2,65,000/- to respondent No. 2.
Counsel also submits that respondent No. 2is the mother of the deceased
Md. Ejajul, who had died due to electrocution on l" September, 2010.
Counsel also submits that the deceased was bachelor and he left behind his. oldparents beingthe only class Ilegalheirs. Counsel also submits thatso far the father ofthe deceased is concerned, he is physically disabled person and is bed ridden. Counsel also submits that Rs. 2,65,000/- has been paid by the petitionerto respondentNo. 2, which includes an amount ofRs. 40,000/- to provide medical help to her husband.
I have heard learned counsel for the petitioner and Mr. Naveen Sharma, APP for the State.
10 of this case is also present in Court. 10 has identified respondent
No. 2. Taking into consideration the said settlement arrived at between the parties and payment ofan additional amount ofRs. 1,50,000/- as has been volunteered to be paid by the petitioner to respondent No. 2, Iam ofthe view that no useful purpose would be served in keeping the said FIR and the proceedings arising therefrom unnecessarily alive any fiirther agamst the petitioner. Consequently, FIR No. 203/2010 dated 1.9.2010 registered under Section 304A IPG with police station New Friends Colony and the criminal proceedings arising therefrom are hereby quashed.
The said additional amount of Rs. 1,50,000/- shall be handed over by the petitioner to respondent No. 2, who is resident of village Supaul
Nagarpalika, P.O. Supaul, P.A. Supaul, Distt. Supaul, Bihar on 8"' February, 2013 at 12 O'clock in the presence of concerned lO at police station New
Friends Colony.
FEBRUARY 07,2013 rkr f]
KAILASH GAMBHIR, J
07.02.2013 Mr. Sudhir Nandrajog, Sr. Advocate appearing for the petitioner, on instructions from the petitioner, has volunteered to pay an additional amount of Rs. 1,50,000/- to respondent No.2, who is the mother of the deceased.
By this petition filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C. the petitioner seeks quashing of FIR NO. 203/2010 dated 1.9.2010 registered under Section 304A IPC with pohce
Station New Friends Colony.
2013:DHC:7718 u Mr. Sudhir Nandrajog, Sr. Advocate for the petitioner submits that both the parties have settled their disputes and in terms ofthe settlementthe petitioner has already paid an amount ofRs. 2,65,000/- to respondent No. 2.
Counsel also submits that respondent No. 2is the mother of the deceased
Md. Ejajul, who had died due to electrocution on l" September, 2010.
Counsel also submits that the deceased was bachelor and he left behind his. oldparents beingthe only class Ilegalheirs. Counsel also submits thatso far the father ofthe deceased is concerned, he is physically disabled person and is bed ridden. Counsel also submits that Rs. 2,65,000/- has been paid by the petitionerto respondentNo. 2, which includes an amount ofRs. 40,000/- to provide medical help to her husband.
I have heard learned counsel for the petitioner and Mr. Naveen Sharma, APP for the State.
10 of this case is also present in Court. 10 has identified respondent
No. 2. Taking into consideration the said settlement arrived at between the parties and payment ofan additional amount ofRs. 1,50,000/- as has been volunteered to be paid by the petitioner to respondent No. 2, Iam ofthe view that no useful purpose would be served in keeping the said FIR and the proceedings arising therefrom unnecessarily alive any fiirther agamst the petitioner. Consequently, FIR No. 203/2010 dated 1.9.2010 registered under Section 304A IPG with police station New Friends Colony and the criminal proceedings arising therefrom are hereby quashed.
The said additional amount of Rs. 1,50,000/- shall be handed over by the petitioner to respondent No. 2, who is resident of village Supaul
Nagarpalika, P.O. Supaul, P.A. Supaul, Distt. Supaul, Bihar on 8"' February, 2013 at 12 O'clock in the presence of concerned lO at police station New
Friends Colony.
FEBRUARY 07,2013 rkr f]
KAILASH GAMBHIR, J
JUDGMENT