Petitioner sought quashing of an FIR relating to a fatal boiler accident. The Court quashed the FIR after recording statements confirming a settlement where the petitioner provided compensation to the family members of the deceased.
FIR No. 346/2017 and all proceeding pursuant thereto are quashed.
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RANJEET SINGH ..... Petitioner
Represented by: Mr. A.K. Thakur and Ms. Sujata Roy, Advocates.
versus
THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Represented by: Ms. Nandita Rao, ASC for the State.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 06.04.2018
By this present petition, the petitioner seek quashing of FIR No. 346/2017 under Sections 287/337/304A IPC registered at PS Najafgarh on the complaint of respondent No.4, Rohit and the proceeding pursuant there to that the parties have settled the matter.
The above noted FIR was registered after an incident took place in the factory of the petitioner where the laundry machines were being operated and the boiler burst resulting in fatal injury to Ibran Khan and injuries to Yogesh, Rohit Kumar and Dilip Shah who have been impleaded in the present petition as respondent Nos. 3,4 and 5 and the legal heirs of the deceased Ibran Khan as respondent No. 2 and respondent Nos. 6 to 10. Respondent No. 2 is the wife and Respondent Nos. 6 to 10 are the children of the deceased Ibran Khan.
On 3rd April, 2018 all the parties got recorded their statements and W.P.(CRL) 538/2018 page 1 of 2
duly signed the same. In lieu of the compensation wife of Ibran Khan that is respondent No. 2 had to received a total sum of ₹ 1 lakh in cash and ₹5 lakhs by way of demand draft drawn on ICICI Bank Uttam Nagar, New Delhi. Since the widow of Ibran Khan has shifted her residence to Shahjapur and was desirous that the money be transferred into her account maintained at Shahjapur directly so that the same would facilitate her, the petitioner has transferred a sum of ₹5 lakhs by way of RTGS into Account No. 37464095902 of respondent No. 2 maintained at SBI Shahjapur.
Respondent No. 2 is present in court and affirms the same. Copy of the Pass book has been shown to the learned ASC for the state and to this Court. In view of the fact that ₹5 lakhs has been transferred by way of RTGS in account of respondent No. 2, demand draft No. 503839 dated 29th January, 2018 drawn on ICICI Bank Uttam Nagar, New Delhi got prepared by the petitioner can be got cancelled.
Parties have already signed their statements before this Court on 3rd April, 2018. In view of the settlement arrived at between the parties no useful purpose will be served in continuing the above noted FIR and the proceedings pursuant thereto and it would be in the interest of justice to quash the FIR No. 346/2017 and the proceedings pursuant thereto.
Consequently, FIR No. 346/2017 and the proceedings pursuant thereto are hereby quashed.
Petition is disposed of.
Order dasti.
MUKTA GUPTA, J.
APRIL 06, 2018/‘yo’ W.P.(CRL) 538/2018
page 2 of 2
1 issue framed by the court
Whether FIR No. 346/2017 should be quashed in view of settlement between parties.
1 provisions across 1 enactments
RANJEET SINGH
THE STATE GOVT OF NCT OF DELHI
ROHIT KUMAR
LEGAL HEIRS OF DECEASED IBRAHAN KHAN
MUKTA GUPTA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
