Rajesh Aggarwal vs The State & Anr
2019 Latest Caselaw 6048 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 27.11.2019

+      CRL.M.C. 6047/2019
       RAJESH AGGARWAL                                     ..... Petitioner
                          Through       Mr. Ruchir Batra, Adv. with
                                        petitioner in person

                          versus

       THE STATE & ANR                                     ..... Respondents
                     Through            Mr. Panna Lal Sharma, APP for State
                                        SI Vijay Pal, PS North Avenue
                                        Mr. Suraj Prakash, Adv. for R-2 with
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 41255/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.6047/2019

3. Vide the present petition, the petitioner seeks direction thereby to

quash the FIR No. 19/2017 under Sections 279/304A IPC registered at P.S.

North Avenue and proceedings consequent thereto.

4. Notice issued.

5. Notice is accepted by learned APP for the State and counsel for the

respondent no.2.

6. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

7. The brief facts of the case are that on 26-02-2017 at about 7.45AM

Shri Rahul met with a road accident while driving Motorcycle No.DL-6SN-

2313 and was taken to the hospital, where during the course of treatment, he

died on 27-02-2017 at 6.40PM.

8. The present petition has been filed on the ground that Smt. Kamlesh,

mother of the deceased, has agreed to compromise / compound / settle all

her claims, rights and demands against the petitioner on account of death of

her unmarried son, aged 18 years, in the road accident and has consented for

quashing of aforementioned FIR and proceedings consequent thereto on

receiving a sum of Rs.2,00,000/-as compensation from the petitioner.

9. Respondent no.2 is personally present in the Court along with her son

Yogesh and daughter Priya and has been identified by SI Vijay Pal of P.S.

North Avenue, the IO of the present case.

10. Learned APP has opposed the present petition on the ground that the

young son of complainant has expired in the accident and the amount of

Rs.2 lacs as compensation does not meet the ends of justice. He, therefore,

requests that if this Court is inclined to quash the FIR in question, the

amount of compensation may be increased.

11. At this stage, petitioner, who is present in the Court, has come

forward and has offered to pay an additional amount of Rs.3 lacs to

respondent no.2, apart from Rs.2 lacs, as agreed earlier.

12. In view of the settlement arrived at between the parties, this Court is

inclined to quash the aforementioned FIR as no useful purpose would be

served in prosecuting the petitioner any further.

13. In view of assurance accorded by the petitioner before this Court

today, I hereby direct that the petitioner shall pay the enhanced amount of

Rs.3 lacs before the Trial Court on 09.12.2019 by way of a demand draft,

failing which the criminal proceedings qua the petitioner shall stand revived.

14. The IO of the case is directed to ensure presence of respondent no.2

before the Trial Court on the date fixed.

15. For the reasons afore-recorded, the FIR No. 19/2017 under Sections

279/304A IPC registered at P.S. North Avenue and proceedings consequent

thereto are hereby quashed.

16. The petition is allowed accordingly.

17. Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 27, 2019 sm