Ajit Mittal vs State & Ors
2019 Latest Caselaw 6054 Del

$~51
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 27.11.2019

+      CRL.M.C. 5963/2019
       AJIT MITTAL                                        ..... Petitioner
                         Through      Ms. Neha Kapoor, Adv. with
                                      petitioner in person

                         versus

       STATE & ORS                                        ..... Respondents
                         Through      Mr. Izhar Ahmed, APP for State
                                      SI Ramesh, PS Mundka
                                      Respondent nos. 2 to 4 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

1. Vide the present petition, the petitioner seeks quashing of FIR No.

271/2015, dated 13.05.2015, u/s 287/304A IPC registered at P.S. Mundka

and all the consequent proceedings emanating therefrom.

2. Respondent nos.2 to 4 are the only legal heirs of the deceased Aakash

wherein respondent no.2 is the father of the deceased, respondent no.3 is

minor daughter of the deceased and respondent no.4 is widow of the

deceased.

3. It is the case of the prosecution that the deceased was working as a

helper in the factory namely, Flowmech Engineers Pvt. Ltd., wherein the

petitioner is the Managing Director. The deceased unfortunately died in an

accident while working in the factory of Petitioner and consequently, the

aforementioned FIR was registered.

4. The present petition has been filed on the basis of settlement arrived

at between the respondent nos.2 to 4 on one hand and the petitioner on the

other and pursuant to the said Memorandum of Understanding dated

16.10.2019, the respondent nos.2 to 4 have decided not to pursue any

criminal proceedings against the petitioner.

5. As per the settlement, the petitioner has agreed to pay a sum of ₹ 4

lacs to respondent no.3 and 4 as compensation and education of respondent

no.3, minor daughter of deceased Aakash, out of which ₹2 lacs already stand

paid to respondent no.2 and the petitioner has handed over a demand draft

bearing no.020694 dated 26.11.2019 drawn on HDFC bank for the balance

amount of ₹2 lacs to respondent no.2 in the Court today. Besides the

aforesaid amount of ₹ 4 lacs, respondent no.3 is also getting pension of

₹8,000/- per month from ESIC.

6. In terms of settlement, it has further been mutually agreed between

the parties that the petitioner shall pay a sum of ₹1.5 lacs to respondent no.2,

father of the deceased, out of which ₹1 lac already stands paid and balance

amount of ₹50,000/- has been paid in cash by the petitioner to respondent

no.2.

8. Apart from the above, the petitioner has undertaken before the Court

that henceforth, he shall bear all educational expenses including uniform,

books etc., of respondent no.3, the minor daughter of the deceased Aakash.

7. Respondent nos. 2 to 4, who are personally present in Court, have

been identified by SI Ramesh, PS Mundka, IO of the case. Respondent no.4,

on behalf of her minor daughter respondent no.3, and respondent no.2,

jointly submit that in view of the settlement and since the entire settled

amount stands received by them, they have no objection in case the

aforenoted FIR and consequent proceedings emanating therefrom are

quashed qua the petitioner.

8. Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

9. For the reasons afore-recorded, FIR No. 271/2015, dated 13.05.2015,

u/s 287/304A IPC registered at P.S. Mundka and all the consequent

proceedings emanating therefrom are quashed.

10. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 27, 2019 sm