Sanjay Gupta vs State & Ors
2015 Latest Caselaw 6416 Del

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 31.08.2015

W.P.(CRL) 1709/2015
SANJAY GUPTA                                                     ..... Petitioner
                           Through:     Mr Sumit Choudhary, Advocate.
                           versus
STATE & ORS                                                   ..... Respondents

Through: Ms Nandita Rao, Addl. Standing Counsel (Crl.) with SI Satish Kumar, PS- Narela.

Mr Ankit Goel and Mr Kanwar Kochar, Advocates for R-2 to R-6.

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

1. The present is a petition under Article 226 of the Constitution of India

read with Section 482 CrPC, 1973 seeking quashing of FIR No.797/2014

under Sections 304-A/287 IPC registered at Police Station- Narela, Delhi and

the proceedings emanating therefrom.

2. One Shiv Shankar Chaudhary (deceased victim) was employed with

Mr Sanjay Gupta (petitioner) and unfortunately lost his life accidentally

while working at the latter‟s factory. The subject FIR was registered as a

consequence thereof.

3. The mother of the deceased Shiv Shankar Chaudhary as well as his

wife and two minor children entered into a compromise/settlement

agreement dated 07.10.2014 with Mr Sanjay Gupta before the Delhi

Government Mediation and Conciliation Centre. The terms of the aforesaid

settlement agreement dated 07.10.2014 are as follows:-

"1. It is stated by the parties that the Party No.2 helped the Party No.1 financially in performing last rites of the deceased and the Party No.1 states that Party No.2 has been kind enough to help them financially in the last rites and they requested Party No.2 to give them further financial help. On humanitarian ground Party No.2 agreed to pay Rs.2,00,000/- (Rupees Two Lakh Only) to Party No.1.

2. It is agreed between the parties that the Party No.2 shall pay a total sum of Rs.2,00,000/- (Rupees Two Lakh Only) to Party No.1 towards full and final settlement of all the claims in respect of death of Sh. Shiv Shankar Chaudhary and his employment with M/s. Sanjay Plastic. Out of Rs.2,00,000/-, Rs.50,000/- (Rupees Fifty Thousand Only) is paid vide cheque bearing no.244356 dated 07.01.2014 drawn on Bank of India, Delhi in the name of Fuleshwri Devi and the balance amount of Rs.1,50,000 (Rupees One Lakh Fifty

Thousand Only) is paid vide cheque no.244357 dated 07.10.2014 drawn on Bank of India, Delhi in the name of Umaravati Kunwar today itself. Out of Rs.1,50,000/-, Rs.50,000/- will be for the wife Umaravati Kunwar and Rs.1,00,000/- (Rupees One Lakh Only) shall be used for making two FDR‟s of Rs.50,000/- each in the name of above said minor children for a term of 13 years. Photocopies of cheques are enclosed herewith as annexure „A‟.

3. It is agreed between the parties that they shall both co-operate each other in giving statement if required, in the concerned police station and in the courts of law and also for quashing of the F.I.R. bearing no.797/14 dated 21.06.2014 registered in police station Narela U/s 304-A and 287 in the Hon‟ble High Court, Delhi.

4. That the above terms and conditions have been arrived at between the parties out of their own free will without any coercion or pressure from any side.

5. That both the parties undertake to remain bound by the terms and conditions of this settlement."

4. Ms Nandita Rao, learned Additional Standing Counsel (Crl.)

appearing on behalf of the official respondent, states that the compensation

received by the legal heirs of the deceased Shiv Shankar Chaudhary is

inadequate, although the said legal heirs had willingly accepted it.

5. In my view the compensation which was the prime consideration for

the legal heirs of the deceased Shiv Shankar Chaudhary to enter into a

settlement with Mr Sanjay Gupta, does seem to be on the lower side.

Therefore, in view of the mandate of the Employees Compensation Act,

1923 (hereinafter referred as „the said Act‟) a back-of-the-envelope

calculation was made with regard to the entitlement of the legal heirs of the

deceased Shiv Shankar Chaudhary to a just and fair compensation.

6. Counsel for the parties states that the figure of Rs.5,08,800/-(Rupees

Five Lacs Eight Thousand Eight Hundred) is arrived at in terms of the

mandate of the said Act.

7. Mr Sumit Chaudhary, learned counsel appearing on behalf of Mr

Sanjay Gupta fairly concedes that although a sum of Rs.2,00,000/- (Rupees

Two Lacs) has already been paid to the legal heirs of the deceased Shiv

Shankar Chaudhary, Mr Sanjay Gupta is willing to pay a further sum of

Rs.3,00,000/- to the legal heirs of the said deceased.

8. Mr Chaudhary, learned counsel, states that Mr Sanjay Gupta

undertakes to pay a further sum of Rs.3,00,000/- (Rupees Three Lacs) to the

legal heirs of the deceased Shiv Shankar Chaudhary before the SHO, Police

Station- Narela on Thursday, i.e., 03.09.2015 at 11a.m.

9. In view of the aforesaid the only issue that needs to be determined by

this court is qua the disbursal of the further sum of Rs.3,00,000/- to the legal

heirs of the deceased victim. In this behalf it is observed that the mother, the

wife and the two children are entitled in terms of Hindu Succession Act,

1956 to equal shares in the compensation. The mother has already received a

sum of Rs.50,000/- and the wife (on her behalf as well as on behalf of the

minor children) has received the balance sum of Rs.1,50,000/-. Therefore,

the further compensation of Rs.3,00,000/- will be paid to the mother on the

one hand and the wife and children on the other in the same ratio.

Consequently, the mother would be entitled to a further sum of Rs.75,000/-

(Rupees Seventy Five Thousand) and the wife and the minor children shall

be entitled to the balance amount of Rs.2,25,000/- (Rupees Two Lacs

Twenty Five Thousand).

10. Ordered accordingly.

11. The above amount shall be paid by Mr Sanjay Gupta to the mother

and to the wife on her own behalf and on behalf of the minor children on

Thursday, i.e., 03.09.2015 at 11a.m. in the presence of the SHO, Police

Station- Narela.

12. The undertaking made on behalf of Mr Sanjay Garg is accepted.

13. In view of the aforesaid, subject to Mr Sanjay Garg paying the further

compensation to the legal heirs of the deceased Shiv Shankar Chaudhary as

ordered, the subject FIR No.797/2014 under Sections 304-A/287 IPC

registered at Police Station- Narela, Delhi and the proceedings emanating

therefrom shall stand set aside and quashed qua the petitioner Mr Sanjay

Gupta. The above compensation, needless to say, is in accordance with the

mandate of the provisions of the said Act and shall enure to the benefit of the

legal heirs of the deceased Shiv Shankar Chaudhary, who would otherwise

be made to run pillar to post, in their time of need, to receive just and fair

compensation for the loss of the only breadwinner in their family.

14. The petition is disposed of accordingly.

15. A copy of this order be given dasti under signature of Court Master to

counsel for parties.

16. A copy of this order be sent to the concerned SHO for compliance.

The SHO is directed to furnish a report in this behalf to this court.

SIDDHARTH MRIDUL, J

AUGUST 31, 2015/mk