Anil Kumar v. State & Anr.
Case brief
What is this about?
Petition seeking quashment of FIR under Section 482 CrPC dismissed. Trial Court directed to expedite trial. Petitioner's legal heir is not appearing despite settlement agreement.
What did the court decide?
Petition dismissed; Trial Court directed to expedite trial in the FIR.
What the court decided
$~21
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.M.C. 793/2020 & CRL.M.A. 3279/2020
ANIL KUMAR .....Petitioner
Through: Mr. Rajiv Raheja, Advocate through VC. versus STATE & ANR .....Respondents Through: Mr. Hemant Mehla, APP for State. S.I. Satyaveer Singh, PS Dabri, Delhi.
CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
%
18.09.2024
- The present Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking to quash the FIR No. 532/2003 registered under Sections 287/304A of the Indian Penal Code, 1860 at Police Station Dabri, Delhi, on the basis of Settlement Agreement dated 31.08.2018 with the legal heir of the deceased complainant.
- Learned counsel for the petitioner submits that the part payment of the compensation has already been made to the legal heir of the deceased complainant, but he is not coming forth for quashing of the FIR.
Issues for consideration
3 issues framed by the court
Whether to grant or dismiss a petition under Section 482 CrPC to quash an FIR where the legal heir of the deceased complainant is unwilling to come forward.
Whether to direct the Trial Court to expedite the trial in the present FIR.
How to proceed when a settlement agreement exists but the complainant's legal heir refuses to participate in the quashing process.
Parties & counsel
- petitioner
ANIL KUMAR
- respondent
STATE
Coram
NEENA BANSAL KRISHNA
Case details
As recorded by the court registry
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