Delhi High Court - Orders
Jagapatti Ghatal vs State Of Delhi & Anr on 7 September, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2546/2021
JAGAPATTI GHATAL ..... Petitioner
Through: Mr Mahipal Singh, Adv.
versus
STATE OF DELHI & ANR. ..... Respondents
Through: Ms Rupali Bandhopadhya, ASC for
State with Mr Akshay Kumar and Mr
Abhijeet Kumar, Advs.
Mr Neeraj Kapoor, Adv. for R-2
(through VC)
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 07.09.2022 This is a petition seeking quashing of FIR No. 164/2021 dated 27.07.2021, under Section 304-A IPC, registered at Police Station - Anand Vihar and consequential proceedings, if any, emanating therefrom against respondents and seeking directions to the respondents to pay a compromise amount of Rs. 8 lakhs to the petitioner.
As per the FIR, one Sh Chakra Ghatal was electrocuted and was declared "brought dead". There is no allegation in the FIR that respondent No.2, who is the owner of Cross River London Street Club & Mall Karkardum was negligent where Sh Chakra Ghatal was electrocuted or there were any acts of commission or omission by respondents which led to the death of Sh Chakra Ghatal. It is an unfortunate case of an accident wherein the husband of petitioner has died. There is a compromise deed wherein a Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:09.09.2022 16:58:32 sum of Rs. 8 lakhs has been promised to be paid to the petitioner.
The petitioner is present in Court and has been identified by her counsel Mr Mahipal Singh. The petitioner has produced her identity card (citizenship certificate) issued by the Nepal Government. The photocopy of the same is taken on record. It is stated by the petitioner that she has received the entire amount of Rs. 8 lakhs and she is not interested in prosecuting the FIR any further and prays that the FIR be quashed. She further states that she is now residing in Nepal and she will not be coming to Delhi any more.
It is stated by Ms Bandhopadhya, learned ASC that only Dishan has been charge sheeted under Section 304-A IPC and Mr Salil Sahigal and Mr Dinesh have been placed in Column No. 12 and nothing incriminating has been found against them.
Mr Salil Sahigal and Mr Dinesh are present in Court through video conferencing and have been identified by their counsel Mr Neeraj Kapoor.
Mr Neeraj Kapoor, learned counsel for the respondent state that the deceased Sh Chakra Ghatal had died due to an accident and not due to any act of omission or commission on behalf of the respondents. Petitioner states that she has no grievances against the respondents.
Both the parties state that they have entered into the aforesaid compromise of their own free will, volition and without any threat, pressure, undue influence or coercion.
I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. It is to be noted that no amount of money can substitute the loss of life. However, money can serve as a bridge to overcome the difficulties of life Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:09.09.2022 16:58:32 due to the loss of a family member. It can lessen the burden of the family members left behind. This should not be treated as a legal precedent as in this case, the proceedings are quashed as the petitioner has decided to put a quietus to the matter. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. The petitioner is now residing in Nepal and does not intend to come to Delhi anymore. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.
In view of the fact that the parties have settled their dispute, FIR No. 164/2021 dated 27.07.2021, under Section 304-A IPC, registered at Police Station - Anand Vihar and proceedings pursuant thereto, if any, are hereby quashed.
The petition is disposed of accordingly.
JASMEET SINGH, J SEPTEMBER 7, 2022 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:09.09.2022 16:58:32