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Vinay Hans vs State (Nct Of Delhi) And Ors on 19 December, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~72
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 6914/2022
                               VINAY HANS                                   ..... Petitioner
                                               Through: Mr. Shahid Khan, Advocate with
                                                        petitioner in-person.

                                              versus
                                STATE (NCT OF DELHI) AND ORS.                ..... Respondents
                                              Through: Mr. Shoaib Haider, APP for the State
                                                         with Mr. Mohd. Zaid, Advocate and
                                                         SI Rajiv Kumar, PS Vijay Vihar.
                                                         Mr. Ankit Rathi, Advocate for R-2 to
                                                         4 with respondents in-person.
                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 19.12.2022 Crl. M.A. No.26791/2022 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed-of.

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner seeks quashing of FIR No. 377/2022 dated 08.06.2022 registered under sections 287 and 304-A of the Indian Penal Code, 1860 at P.S.: Vijay Vihar on the basis of Settlement Deed dated 29.07.2022 entered into with the parents of the deceased employee and separately with another employee, who was the co-worker of the deceased.

2. Issue notice.

3. Mr. Shoaib Haider, learned APP appears for the State on advance copy; accepts notice; and seeks time to file status report.

4. Let status report be filed within 06 weeks; with advance copy to the opposing counsel.

5. The deceased is stated to have been 25 years of age and in the employment of the petitioner, when he died of electrocution while fixing a flex-board at the petitioner's shop. Learned counsel for the petitioner submits that the total amount settled for the death is Rs.3,46,000/- (Rupees Three Lac Forty-six Thousand Only), of which Rs.96,000/- (Rupees Ninety-six Thousand Only) already stands paid by various modes, including Paytm and cash; and the remaining Rs.2,50,000/- (Rupees Two Lac Fifty Thousand Only) is being offered in two equal parts to the petitioners, viz. the mother and father of the deceased.

6. Before proceeding further in the matter however, let the MLC in respect of the deceased be placed on record, before the next date.

7. Re-notify on 23rd February 2023.

ANUP JAIRAM BHAMBHANI, J DECEMBER 19, 2022 ds Signature Not Verified Digitally Signed By:NEERAJ Signing Date:23.12.2022 CRL.M.C. 6914/2022 Page 2 of 2 10:16:49