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Rawal Singh & Ors vs State & Anr on 25 May, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~22
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +       CRL.M.C. 2511/2022, CRL.M.A. 10469/2022 (for exemption)
                                  RAWAL SINGH & ORS.                                 ..... Petitioners
                                                     Through:      Mr. Shivam Jangra, Advocate with
                                                                   petitioners No.1 & 2.

                                                     versus

                                  STATE & ANR.                                       .....Respondents

                                                     Through:      Ms. Meenakshi Dahiya, APP for State
                                                                   with ASI Rakesh Kumar.
                                  CORAM:
                                  HON'BLE MS. JUSTICE ASHA MENON
                                                     ORDER

% 25.05.2022 CRL.M.A. 10469/2022 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

3. This petition under Section 482 Cr.P.C. has been filed for quashing of FIR bearing No.306/2020, under Sections 279/304A IPC, registered at Police Station Delhi Cantt., New Delhi and all proceedings emanating therefrom.

4. The petitioners and the respondent No.2 are present in person and have been identified by the Investigating Officer.

5. It is submitted by learned counsel for the petitioners that the deceased and petitioner No.1 were members of the same regiment in the Indian Army and deployed at Delhi Cantt. when the accident occurred on 31st July, 2020, when petitioner No.1 was reversing a BMP Tank at MT Section, Parade Ground, assisted by the deceased. It is submitted that during the Court of Enquiry initiated by the Indian Army, he has been exonerated and no negligence or malafide had been attributed to him.

6. It is further submitted that in the course of the proceedings before the MACT, New Delhi, the parties have worked out a Settlement. A sum of Rs.4,45,300/- amounting to a year's salary of the deceased has been paid by the petitioner No.1 to the petitioner No.2, who is the legal heir of deceased Sh. Gajender Rajput. Additionally, the Indian Army has also sanctioned a sum of Rs.63,33,074/- as terminal benefits to her.

7. The respondent No.2 informs to the Court that she is being paid a monthly pension of Rs.22,000/-. She further states to the Court that she is not willing to press the charges against the petitioner and would like to give a quietus to the matter.

8. Though the FIR has been registered under Sections 279/304A IPC, the facts would reveal that the incident occurred when the petitioner No.1 was reversing the BMP Tank and thus, blinded to what was in the rear. The petitioner No.1 has already been exonerated by the Court of Enquiry. The parties have mutually settled the matter and the petitioner has also compensated of his own resources, the petitioners No.2 & 3.

9. In the totality of the circumstances, therefore, following the judgment of the Supreme Court in State of Haryana & Ors. Vs. Bhajan Lal & Ors.

1992 Supp(1) SCC 335 and Gian Singh Vs. State of Punjab & Anr. (2012) 2 SCC (L&S) 998, this Court finds itself justified in exercising its powers under Section 482 Cr.P.C. to give a closure to the matter.

10. Accordingly, the petition is allowed and the FIR bearing No.306/2020, under Sections 279/304A IPC, registered at Police Station Delhi Cantt., New Delhi and all proceedings emanating therefrom are quashed.

11. The petition stands disposed of.

12. The order be uploaded on the website forthwith.

ASHA MENON, J MAY 25, 2022 ck CRL.M.C. 2511/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:25.05.2022 19:39:04