P. Senthamil Selvan vs The State & Anr. on 29 January, 2014

[Cites 1, Cited by 2]

Delhi High Court

P. Senthamil Selvan vs The State & Anr. on 29 January, 2014

Bench: J.R. Midha

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*          IN THE HIGH COURT OF DELHI AT NEW DELHI
+         CRL. M.C.4201/2013 & CRL. M.A.15012/2013
      %                         Date of decision : 29th January, 2014
          P. SENTHAMIL SELVAN                       ..... Petitioner
                        Through         Mr. Rishab Raj Jain, Adv.
                                        along with petitioner in
                                        person.
                      versus

          THE STATE & ANR.                       ..... Respondents
                        Through         Mr. Varun Goswami, APP.
                                        Mr. B.N. Jha and Mr. T.K.
                                        Mishra, Advs. For
                                        respondent no.2.
                                        Mr. Krishnendu Dutta with
                                        Mr. Manish Kumar
                                        Srivastava, Advs. For BSES
                                        Rajdhani Power Ltd.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

                        JUDGMENT(ORAL)

1. The petitioner is seeking quashing of FIR No.73/2009, P.S. Mayapuri under Section 304A IPC on the ground that he has settled the matter with respondent no.2.

2. The terms of the settlement are recorded in the settlement agreement dated 27th May, 2013, certified copy whereof has been placed on record as Annexure P-2.

3. Sh. Bhushan Lal, deceased was running a tea stall on the pavement near the LT Pole, C-62, Mayapuri. On 23rd July, 2009, a vehicle hit the pole due to which the electric wire from which the Crl. M.C.4201/2013 Page 1 of 4 deceased was illegally trapping the electricity, broke down and the deceased Bhushan Lal was electrocuted. Bhushan Lal was survived by his mother, Vidyawati and unmarried sister, Chanderkanta. Vidyawati expired later on 13th September, 2010 and Chanderkanta is now the only surviving legal heir.

4. In the settlement recorded before the Mediation Centre, Tis Hazari Courts, the petitioner agreed to pay Rs.1,25,000/- to respondent no.2.

5. During the course of hearing dated 19th December, 2013, this Court noted that the compensation paid by the petitioner to respondent no.2 is not fair and reasonable. This Court, therefore, requested Mr. Krishnendu Dutta, learned counsel for BSES Rajdhani Power Ltd. to reconsider the matter and pay fair and reasonable compensation to the petitioner.

6. Mr. Krishnendu Dutta, learned counsel for BSES Rajdhani Power Ltd. submits that on reconsideration of the matter, the Company has agreed to pay a further sum of Rs.1,75,000/- to respondent no.2.

7. Learned counsel for respondent no.2 submits that respondent no.2 has no objection to the quashing of the FIR upon the payment of the aforesaid amount to respondent no.2.

8. Learned APP for State has no objection to the quashing of the FIR in view of the fair compensation agreed to be paid by BSES Rajdhani Power Ltd.

9. This Court is satisfied that it is in the interest of justice and to maintain peace in the society to quash the FIR in question.

Crl. M.C.4201/2013 Page 2 of 4

10. The petition is allowed and FIR No.73/2009, P.S. Mayapuri under Section 304A IPC and all proceedings emanating therefrom are hereby quashed. The pending application is disposed of.

11. The petitioner has already made payment of Rs.1,25,000/- to respondent no.2 on 2nd August, 2013 in terms of the settlement agreement dated 27th May, 2013. The additional compensation of Rs.1,75,000/- is agreed to be paid by BSES Rajdhani Power Ltd. within a period of four weeks.

12. BSES Rajdhani Power Ltd. is directed to deposit the aforesaid amount of Rs.1,75,000/- with Central Bank of India, Kirti Nagar Branch by means of a cheque drawn in the name Central Bank of India A/c Chanderkanta within a period of four weeks.

13. On the aforesaid deposit being made, the Central Bank of India is directed to keep the said amount in fixed deposits in the following manner:-

(i) Fixed deposit for Rs.25,000/- in the name of Chanderkanta for a period of one year.

(ii) Fixed deposit for Rs.25,000/- in the name of Chanderkanta for a period of two years.

(iii) Fixed deposit for Rs.25,000/- in the name of Chanderkanta for a period of three years.

(iv) Fixed deposit for Rs.25,000/- in the name of Chanderkanta for a period of four years.

(v) Fixed deposit for Rs.25,000/- in the name of Chanderkanta for a period of five years.

Crl. M.C.4201/2013 Page 3 of 4

(vi) Fixed deposit for Rs.25,000/- in the name of Chanderkanta for a period of six years.

(vii) Fixed deposit for Rs.25,000/- in the name of Chanderkanta for a period of seven years.

14. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the Chanderkanta.

15. The original fixed deposit receipts shall be retained by the Bank in the safe custody and copies thereof shall be given to Chanderkanta. Upon the maturity of each FDR, the Bank shall automatically credit the maturity amount in the Savings Account of the Chanderkanta.

16. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

17. This Court appreciates the assistance rendered by Mr. Krishnendu Dutta, learned counsel for BSES Rajdhani Power Ltd. to ensure payment of fair and reasonable compensation to the sister of the deceased.

18. List for reporting compliance on 14th March, 2014.

19. Copy of this order be given dasti to the parties under the signature of the Court Master. Copy of this order be also sent to the Branch Manager, Central Bank of India, Kirti Nagar Branch through the investigating officer.

J.R. MIDHA, J JANUARY 29, 2014/dk Crl. M.C.4201/2013 Page 4 of 4

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