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Amit Jain vs The State Govt. Of Nct Of Delhi) & Anr on 27 April, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~48
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 2946/2023
                                 AMIT JAIN                                               ..... Petitioner
                                                    Through:     Mr. Manish Malhotra, Advocate.
                                                    versus
                                 THE STATE GOVT. OF NCT OF DELHI) & ANR. .....Respondents
                                                    Through:     Mr. Satinder Singh Bawa, APP for
                                                                 the State with ASI Inderpal, P.S.:
                                                                 Mayapuri.
                                                                 Mr. Sandeep Yadav, Advocate for R2
                                                                 with R2 in-person.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 27.04.2023 CRL.M.A. No. 11050/2023 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CRL.M.C. 2946/2023 & CRL.M.A. No. 11049/2023 (stay) By way of the present petition under section 482 of the Code of Criminal Procedure 1973, the petitioner seeks quashing of case FIR No. 334/2022 dated 27.08.2022 registered under sections 287/337 of the Indian Penal Code, 1860 at P.S.: Mayapuri premised on a Memorandum of Settlement dated 10.03.2023 entered into with respondent No. 2/injured, which contemplates payment of Rs.75,000/-

by the petitioner to respondent No. 2 in full and final settlement of the matter.

2. Mr. Manish Malhotra, learned counsel appearing for the petitioner submits that in addition to Rs.75,000/- payable under the settlement, respondent No. 2 will also be entitled to pension under the Employees State Insurance Act, 1948.

3. Issue notice.

4. Mr. Satinder Singh Bawa, learned APP appears on behalf of the State;

accepts notice; and seeks time to file status report.

5. Respondent No. 2 is present in-person. He is also represented by counsel.

6. The court has interacted with respondent No. 2, who states that his date of birth is 01.01.2003 and he is about 20 years of age; that he had joined the petitioner's factory on 22.08.2022 and the incident happened on 27.08.2022. As a consequence of the incident, respondent No. 2, who is right-handed, has lost 03 digits of his right hand, which is a permanent disability. He states that he underwent surgery and medical procedures over a prolonged period of time, first in a government medical facility and thereafter in a private facility; for which the petitioner did not bear any expenses.

7. Respondent No. 2 however confirms that he has signed the Memorandum of Settlement with the petitioner, under which he has been paid Rs.10,000/- so far and the balance sum of Rs.65,000/- was to be paid at the stage of quashing of the FIR.

8. Before proceeding further in the matter, let status report be filed within 06 weeks; response thereto, if any, be filed within 04 weeks thereafter; with copy to the opposing counsel.

9. Petitioner shall also be at liberty to file a response, if he so desires.

10. Re-notify for consideration on 21st September 2023.

ANUP JAIRAM BHAMBHANI, J APRIL 27, 2023/uj Signature Not Verified Digitally Signed By:NEERAJ Signing Date:01.05.2023 CRL.M.C. 2946/2023 Page 3 of 3 16:08:55