Yogender Gupta & Anr. v. State NCT of Delhi & Ors.

1. Present petition has been filed seeking quashing of FIR No.684/2015 dated 19.09.2015 registered under Section 287/304-A IPC registered at PS Fatehpur Beri, and all the proceedings arising therefrom

2. In the present petition, the Respondent no. 3 and 4 are being represented by their father i.e. Respondent no.2 on account of them being minors. The briefly stated facts of the case are that on 19.09.2019, the wife of Respondent no.2 and the mother of Respondent no. 3 and 4, the Late Smt. Dhaneshwari Devi was walking in their neighborhood Mandi area. However, due to water logging, she attempted to cross the area from the side and in doing so, she came in contact with an electric pole with an alleged loose wire with current flowing and died at the spot due to electrocution. Petitioner No.1, Mr. Yogender Gupta, had entered into an agreement with BSES Rajdhani Private Limited to maintain electrical equipment and power lines in the Mandi area. Petitioner No. 2, Mr. Sunil Kumar, serves as the responsible official for supervising the Saket division and Mandi area within BSES Rajdhani Power Limited. Consequently, both Petitioner No. 1 and Petitioner No. 2 were held liable as per the charge sheet dated 02.08.2021, for alleged commission of offense under Section 304A IPC.

3. However, on intervention of well-wishers of all concerned parties along with their legal representatives, Parties amicably settled the matter vide MOU dated 11.05.2023 on the following terms and conditions:

1. The Party to the First Part (without prejudice to its right and without admitting the allegations) in discharge of its social responsibility (and towards full and final settlement of Criminal Cases; as stated above) towards securing the interest of the family consisting of parties of the third part shall make the payment towards the voluntary compensation amount of Rs. 3,00,000/- (Rupees Three Lakh only) by way of Cheque bearing no. 000260 dated 11.05.2023 drawn on HDFC Bank, Branch Vasundhra, Delhi-96, in favour of Third Party.

2. It is mutually agreed by all the parties that this MOD is irrevocable and unquestionable and undertake that this MOD would inter alia be legal, valid, binding and enforceable and executable in all manners and none of the parties shall be at liberty to take the advantage of any technical language or lacuna if any, if the same are not explain hereinabove.

3. The Third Party further undertakes to renders all cooperation to the First Party and the Second Party, for the early quashing of the FIR No. 684 of 2015 PS Fatehpur Beri, New Delhi. That the Third Party shall further co-operate with the First Party and Second Party, and shall not object to any legal application made by the First and the Second Party as may be permitted under law.

4. It is mutually agreed between the parties, that all the parties shall not file any suit petition or complaint etc. against each other qua the compensation amount granted to the third Party against the injury suffered in the incident.

5. That all the Parties having hereto settled the disputes with each other and further agreed to do, undertake and cause to be done, all such action, deeds and things which may be required to ensure that either of the Parties are kept harmless or free of any liability arising out of the dealings between the parties.

7. The Parties hereto agreed that this settlement is completely negotiated, final and composite settlement between the Parties hereto and neither of the Parties shall have any claim against the other Party and no litigation of any kind before any Court/Tribunal or any forum shall be initiated or proceeded with by the either parties against the other Party except to the extent as set out herein in the present MOD relating to the steps to be taken for quashing of the FIR in appropriate Court and steps permitted and provided for under Cr.P.c.

8. The First Party, Third Party and Second Party hereinafter shall forthwith take all possible steps regarding quashing/closer of the aforementioned criminal proceeding emanating out of FIR NO. 684 of 2015 PS Fatehpur Beri, New Delhi.

9. Each of the Parties bears its own cost and incidental charges with regard to the actions contemplated under this settlement.

10. That on execution of this MOU all dispute shall stand settled between the parties. The parties hereto shall not initiate any legal proceedings or claims of any nature against each other hereinafter.

4. The parties are present and have been duly identified by the IO. Further, the IO states that except the present FIR there is no other case against the petitioners.

5. Pursuant to the MOU dated 11.05.2023, a DD No.105226 dated 16.08.2023 in the sum of Rs.[5] lakhs drawn on HDFC Bank in the name of Ranjeet Kumar Paswan/respondent no.2 has been handed over to the respondent no.2 in court today.

6. It has been repeatedly held by the Hon’ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may exercise power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.