Delhi High Court
Shri Arun Kumar Narda vs The State And Others on 19 April, 2010
Author: S.N. Aggarwal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(Crl.) No. 569/2010
% Date of Decision: 19th April, 2010
# SHRI ARUN KUMAR NARDA .....PETITIONER
! Through: Petitioner with his counsel Mr. Shailender
Dahiya
VERSUS
$ THE STATE & OTHERS .....RESPONDENTS
^ Through: Mr. Pawan Sharma, Standing Counsel for
the State.
Respondents No. 2 & 3 with their counsel
Mr. Pradeep Ahlawat.
CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL
1. Whether reporters of Local paper may be allowed to see the
judgment?
2. To be referred to the reporter or not?
3. Whether the judgment should be reported in the Digest?
S.N.AGGARWAL, J (ORAL)
Crl.M.A. No. 4898/2010 in W.P.(Crl.) No. 569/2010
Exemption as prayed for is granted subject to all just exceptions.
W.P.(Crl.) No. 569/2010
The petitioner has filed this writ petition under Article 226 of the
Constitution of India read with Section 482 of the Code of Criminal
Procedure, 1973 seeking to quash FIR No. 193/2008 under Sections
288/304-A IPC got registered by respondents No. 2 & 3 with Police Station
Sarup Nagar.
2. Mr. Pawan Sharma, learned Standing Counsel, accepts notice of this
petition on behalf of respondent No. 1 State. Respondents No. 2 & 3 are
also present with their counsel Mr. Pradeep Ahlawat and they also accept
notice of this petition.
3. With the consent of counsel for the parties, this petition has been
taken up for final disposal at this stage itself.
4. The FIR in question under Sections 288/304-A IPC was got
registered by respondents No. 2 & 3 on account of death of their son due
to fall of mud wall while the deceased was urinating near the said wall.
The dispute is stated to have been amicably settled between the parties
and pursuant thereto, the petitioner has agreed to give Rupees One Lakh
as compensation to respondents No. 2 & 3 for the alleged negligent
death of the son of respondents No. 2 & 3, being the complainants in the
case. Out of this settlement amount of Rupees One Lakh, it is stated that
Rs.30,000/- stand already paid to respondents No. 2 & 3 and the balance
amount of Rs.70,000/- has been paid to them by means of an account
payee pay order drawn in favour of respondent No. 2.
5. The respondents No. 2 & 3, being the complainants present in
Court with their counsel Mr. Pradeep Ahlawat, say that in view of
settlement arrived at between the parties, they have no objection to the
quashing of criminal case got registered by them vide FIR in question
against the petitioner.
6. Since the matter has been amicably settled between the parties,
interest of justice demand for quashing of FIR in question got registered
by respondents No. 2 & 3 against the petitioner. No useful purpose is
going to be served by further investigation of the FIR in question got
registered against the petitioner.
7. In the facts and circumstances of the case stated above, this writ
petition is allowed. The FIR No. 193/2008 under Sections 288/304-A IPC
with Police Station Sarup Nagar is hereby quashed.
APRIL 19, 2010 S.N.AGGARWAL, J
'BSR'
