Ram Rahis Matfur & Ors. v. State & Anr.

Delhi High Court · 29 Jul 2011 · 2011:DHC:18844
Mukta Gupta
W.P.(Crl) 471/2011
2011:DHC:18844
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 287 and 304A IPC based on an amicable settlement between the deceased's legal heirs and the accused, holding that continuation of proceedings would serve no useful purpose.

Full Text
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* IN THE HIGH COURT' OF DELHI AT NEW DELI{I
+ w.P.(cRL) 47I|20LI
RAM RAHIS MATFIUR & ORS. ..... Petitioners
Through: Ms. Sushma Sharma, Advocate with
Petitioners in Person. rhrough: Mr. pawan st u.-u, itl:Tfl"J3:'Hr.t with Mr. Harsh Prabhakar and Mr'
Ashutosh Srivastava, Advocates for the State.
Mr. P. Pankaj, Advocate for
ResPondent Nos. 2 utd 3 -
COtrIAM:
I{ON'I}LE MS..IUSTICE MUKTA GUPTA
ORDEB
29.07.2871
Ily this petition the Petitioners seek quashing of FIR No. I47|20IA under Sections 287]304AIPC registered at PS Connaught Place, New Delhi'
The allegations as set out in the IiIR No. 14712010 are that one
Deepak who was doing the stone c.utting work at site (construction of toilet at ltner Circle, Connaught Place) got electrocuted. The said incident occurred because the company did not provide hilr the necessary safety gears like rubber gloves, shoes etc.
The FIR r,vas registered on the complaint of one Aftab Alam who rvas
Puge 1 of 3
VERSUS
STATE & ANR.
*
,h tv.P.(cRL) 471/2011
2011:DHC:18844
,-
) later arrayed as an accused. It is also stated that besides the Respondent Nos. r'.
2 and 3 there are no legal heirs of the deceased Deepak as Deepak was unmarried.
The Respondent Nos. 2 and 3, the parents of the deceased Deepak are present in Courl and are identifiecl by their counsel. They state that they have settled the matter with the Petitioner and they do not want to pursue the abovernentioned FIR and the proceeciings pursuant thereto. They state that they had been adequately compensated. Respondent No. 2 had been provided with an employment. Fufther they have been paid Rs' 1 lakh' This is without prejudice to their rights to claim other statutory compensations available to them. They furthcr state that in view of the settlement between the parties, they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
Inr,view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the safile would create fuither acrimony between them, it would be in the l: interest of justice to quash the abovementioned FIR and the proceedings
, .;' pursuant thereto. There is no legal impedirnent in quashing the FIR' w.P.(cRL) 471/2011
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Consequently, FIR No. t47l2}l0 under Sections 2871304A IPC registered at PS Connaught Place, New Delhi and proceedings pursuant thereto are hereby quashed. parties have signed this order sheet in acknowledgment of their statetnents made before this Court.
The petition is disposed. Order dasti.
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MUKTA GUPTA, J.
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