Naveen Aggarwal vs State Of Nct Of Delhi & Ors.

Petitioner seeks quashing of FIR No. 0483/2022 dated 06.08.2022 registered at Police Station Mayur Vihar, Phase-I for commission of offences under Sections 287/304-A IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

As per prosecution story, one Niroj Dugdug used to work at Lakshmi Flour Mill and was given miscellaneous work of packing etc. On 05.08.2022, while he was doing his work at the aforesaid flour mill, he got electrocuted and, unfortunately, died. On the basis of report lodged by maternal aunt of the deceased, FIR was registered while asserting that death was on account of negligence of the owner of the aforesaid flour mill.

Initially, charge-sheet had been filed against petitioner No. 1 Naveen Aggarwal but during pendency of the aforesaid case, his mother was also made an accused.

Fact, however, remains that parties have been able to settle the matter and the parents of the deceased and other relatives have already entered into settlement with the petitioner.

When the matter was taken up on the last date, learned Predecessor Bench had directed the prosecution to file verification report qua legal heirs of the deceased. Such verification report has been filed and the names of LRs have been verified. The deceased was married but his wife died during Covid outbreak.

There is settlement with the parents and other relatives. As per settlement terms, the petitioner has agreed to make payment of Rs. 4 lacs as compensation for the aforesaid unfortunate death. The aforesaid amount shall go to his parents in equal share. A sum of Rs. 1,50,000/- each has already been paid to the mother and father of the deceased and petitioner has brought two demand drafts of Rs. 50,000/- each towards balance payment in the names of father and mother of deceased.

Investigating officer is present and she identifies the maternal aunt and parents of the deceased.

During course of arguments, aforesaid demand drafts have been handed over to them. Maternal aunt of the deceased, who is author of the FIR, submits that matter has been amicably settled and she also would have no objection to the quashing of FIR. She also submits that parents of the deceased have also no objection if the FIR in question is quashed.

According to petitioner, he is only running a small shop for the purpose of grinding and selling flour and he does not own any mill as such. He submits that at the relevant time, he was not even present at the shop and is extremely remorseful for the unfortunate death which took place inside his premises.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. In any case, even the parents and maternal aunt of deceased do not wish to press any charges against the petitioner.

Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

Consequently, to secure the ends of justice, FIR No. 0483/2022 dated 06.08.2022 registered at Police Station Mayur Vihar Phase-I for commission of offences under Sections 287/304-A IPC, along with all consequential proceedings arising therefrom, is hereby quashed.

Original affidavits of the parties shall be submitted within further two weeks before the learned Trial Court.

The petition stands disposed of in aforesaid terms.