IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                                 : PETITIONER

VERSUS

XXXX                             : RESPONDENTS

FIR No. XXX/2024

                    U/s.: 287/304A of IPC

P.S.: XXX, Delhi

INDEX

          PETITIONER

THROUGH

Place: New Delhi

Dated:

ADVOCATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                       : PETITIONER

VERSUS

XXXXX                          : RESPONDENTS

FIR No. XX/2024

                    U/s.: 287/304A of IPC

P.S.: xxx, Delhi

NOTICE OF MOTION

To,

The State

Sir, the petitioner has filed the accompanying petition which is likely to be listed on and around ________ or soon thereafter.

          PETITIONER

THROUGH

Place: New Delhi

Dated:

ADVOCATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                                 : PETITIONER

VERSUS

XXXXX                : RESPONDENTS

FIR No. XX/2024

                    U/s.: 287/304A of IPC

P.S.: xxxx, Delhi

URGENT APPLICATION

To

          The Hon’ble Joint Registrar,

          Hon’ble High Court of Delhi.

          New Delhi.

Sir,

          Will you kindly treat the accompanying petition / application as urgent one in accordance with the provision of as per the Delhi High Court rules and regulations and orders.

The grounds of urgency are as set out in the accompanying petition / application. Kindly treat the accompanying petition for quashing of the proceedings in FIR No. XX/2024 under Section 287/304A of IPC registered with P.S. xxxx, Delhi.   

          PETITIONER

Place: New Delhi             THROUGH

Dated:

ADVOCATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                                 : PETITIONER

VERSUS

XXXXX                          : RESPONDENTS

FIR No. XX/2024

                    U/s.: 287/304A of IPC

P.S.: xxx, Delhi

MEMO OF PARTIES

XXXX,

XXX                                                    : PETITIONER

VERSUS

1. XXXX               

2. XXX

3. XXXX

                                                            : RESPONDENTS

----------------------------------------------------------------------------------------

FILED BY

Place: New Delhi

Dated:

ADVOCATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX

                                                            : PETITIONER

VERSUS

1. XXXX               

2. XXXX

3. XXXX                                                       : RESPONDENTS

FIR No. XXX/2024

                    U/s.: 287/304A of IPC

P.S.: xx, Delhi

WRIT PETITION ON BEHALF OF THE PETITIONER UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE FOR QUASHING OF FIR BEARING NO. 090/2024 UNDER SECTION 287/304A OF IPC REGISTERED WITH POLICE STATION xxx, DELHI AND THE PROCEEDINGS EMANATING THEREFROM.

MOST RESPECTFULLY SHOWETH :-

1.       That the Petitioner is law-abiding citizen of India and have full faith in the administration of justice and Proprietor of M/s. Swastik Carriers. That the Petitioners have sought to invoke the extraordinary jurisdiction of this Hon’ble Court under Section 482 of the Code of Criminal Procedure for quashing of FIR No. XX/2024 under Section 287/304A of IPC registered with P.S. xxx on the basis of the complaint lodged by the Respondent no.2 and 3 against the Petitioner. Copy of FIR bearing no.XX/2024 is annexed to this petition as Annexure P1.

2.       That the Petitioner is aggrieved by FIR lodged by the respondent no.2 &3 at the Police Station xxxx, Delhi. By this petition, the Petitioner is inter alia, seeking the quashing of the said FIR No.XX/2024 (“FIR”) and the proceedings emanating therefrom.

3.       That the present petition has been filed by the Petitioner and the brief facts of the case, necessary for the disposal of the present petition are summoned up as under:-

3.1     It is the case of the prosecution that the Respondent no.2 works by collecting garbage with a cart from houses in the Vivek Vihar colony. On the date of March XX, 2024, around X:00 PM, XXXX informed him that XXXX had called to say that XXX’s brother, XXXX, who had gone to work at the Ghazipur Trash Landfill for the first time today along with XXX, XXXX, and XXX, and XXX was buried under the garbage. When Respondent no.2 reached the Ghazipur Trash Landfill, people told him that his brother XXX had been taken to the hospital. When Respondent no.2 arrived at XXX Hospital, he found his brother XXX dead as alleged.

3.2     The Respondent no.2 further stated that his brother's death occurred because the owners and managers of XXXX Pvt. Ltd. and XXX Company failed to maintain proper safety measures, and due to their negligence and irresponsibility, XXXX died because of a machine operated by the company. Respondent no.2 stated that he wants a strict legal action to be taken against the owners and managers of the company as alleged.

3.3     That during the course of the investigation petitioner was granted bail with conditions. The Investigating Officer yet to be filed the charge sheet in the present FIR, as no trial proceeding yet to be started in the present FIR.

4.       That during this period and due to the intervention of the elders of the society and friends, family, relatives and the neighbours of the locality, the dispute has been settled amicably between the Respondent no.2 and 3 and Petitioner and a Memorandum of Understanding (MoU) dated XX.XX.2024 has been executed between the parties out of their free will consent and without any pressure, influence, coercion etc. It has been agreed between the parties in the said MoU that the Petitioner shall a total sum of Rs.8 Lakhs to the Respondent no.3 as full and final settlement towards all their claims. Copy of the MoU dated 06.05.2024 between the Petitioner and Respondent no.2 & 3 is annexed as Annexure P-2.

5.       That in terms of the said MoU the Petitioner had paid a sum of Rs.1,50,000/- to the Respondent no.3 by way of Demand Draft bearing No.XXX dated XX.XX.2024 drawn on XXX Bank Ltd. XXXX Branch, Delhi at the time of execution of the said MoU and remaining amount will be paid to the Respondent no.2 and 3 at the time of quashing of the present FIR before this Hon’ble Court. It has further been agreed by the Respondent no.2 and 3 that will not file any claim petition before any competent court of law and will co-operate in quashing the present FIR before this Hon’ble Court.

6.       That in view of the same complainant / Respondent no.2 and 2 submitted the allegations were no longer to be pursued by the complainant as the alleged incident was to be happened accidently and there was no fault on the part of the Petitioner and relation between the deceased son of the Respondent no.2 and Petitioner was the owner and employee and having very good and cordial relation with each other, resulting which the Petitioner try to compensate the Respondent no.2 and 3 towards their loss which can be help it in their future prospects, the Respondent no.2 & 3 states that they does not want to pursue the present FIR. Affidavit of the Respondent no.2 and 3 are annexed as Annexure P-3(colly).

7.       Aggrieved from the FIR registered against petitioner, the petitioner is filing the present petition seeking quashing of the FIR on the following amongst other grounds:-

- : G R O U N D S : -

A.      For that it is a settled principle of law that even otherwise there is no allegation against the petitioner and no material evidence has been filed against the petitioner which would constitute an offence, and therefore the said FIR is liable to be quashed on this ground alone.

B.       For that it is submitted that the present complaint does not disclose any alleged offence committed by the petitioner as the complainant submitted that the allegations were no longer to be pursued as the alleged incident was to be happened accidently and there was no fault on the part of the Petitioner and relation between the deceased son of the Respondent no.2 and Petitioner was the owner and employee and having very good and cordial relation with each other, resulting which the Petitioner try to compensate the Respondent no.2 and 3 towards their loss which can be help it in their future prospects.

C.       For that nothing remains the present FIR as the complainant do not want to pursue further as the petitioner and an amicable mutual settlement arrived between the petitioner and complainant / respondent no.2 and 3 in terms of the MoU the Petitioner had already paid a sum of Rs.1,50,000/- to the Respondent no.3 by way of Demand Draft bearing No.036383 dated XX.XX.2024 drawn on XXX Bank Ltd. XXX Branch, Delhi at the time of execution of the said MoU and remaining amount will be paid to the Respondent no.2 and 3 at the time of quashing of the present FIR before this Hon’ble Court. It has further been agreed by the Respondent no.2 and 3 that will not file any claim petition before any competent court of law and will co-operate in quashing the present FIR before this Hon’ble Court.

D.      For that the charge sheet yet not been filed by the IO before the Ld. Trial Court and in the investigation petitioner fully cooperated and nothing incriminating found against him till date.

E.       For that, the present FIR being ex-facie malafide falls squarely within the scope of the judgment of the Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal, reported in AIR 1992 SC 604 (para 107. and the petitioners are entitled to have the proceedings quashed on that ground as well.

F.       Because in the present case even if the allegations made by the complainant are taken to be true, no offence under Section 287/304A of IPC are made out. It is pertinent to mention that even if the contentions of the complainant are believed to be true, the present case does not fall in that preview.

G.      Because it has been held by the Hon’ble Supreme Court in case “K.R. Purushothaman Vs. State of Kerala” 2005 (12) SCC 631; that each one of the circumstances should be proved beyond reasonable doubt and such circumstances proved must form a chain of events from which the only irresistible conclusion is about the guilt of the accused which can be safely drawn and no other hypothesis of the guilt is possible. We respectfully agree with the law laid down in Navjot Sandhu’s case and K.R. Purushothaman’s case.

H.      Because it has been held by the Hon’ble Supreme Court in case “Gian Singh Vs. State of Punjab” in para 57, it has been held that the position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.

I.        In R. Klayani Vs. Janak C. Mehta & Ors 2009 (1) SCC 516 wherein in para Nos.15 & 16 it was held as under:

"15. Propositions of law which emerge from the said decisions are:

(1) The High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a first information report unless the allegations contained therein, even if given face value and taken to be correct in their entirety, disclosed no cognizable offence. (2) For the said purpose the Court, save and except in very exceptional circumstances, would not look to any document relied upon by the defence.

(3) Such a power should be exercised very sparingly. If the allegations made in the FIR disclose commission of an offence, the Court shall not go beyond the same and pass an order 9 in favour of the accused to hold absence of any mens rea or actus reus.

(4) If the allegation discloses a civil dispute, the same by itself may not be a ground to hold that the criminal proceedings should not be allowed to continue."

It is furthermore well known that no hard and fast rule can be laid down. Each case has to be considered on its own merits. The Court, while exercising its inherent jurisdiction, although would not interfere with a genuine complaint keeping in view the purport and object for which the provisions of Sections 482 and 483 of the Code of Criminal Procedure had been introduced by the Parliament but would not hesitate to exercise its 13 jurisdiction in appropriate cases. One of the paramount duties of the Superior Courts is to see that a person who is apparently innocent is not subjected to persecution and humiliation on the basis of a false and wholly untenable complaint."

J.        For that regarding power and jurisdiction of this Court to entertain the present petition under Section 482 Cr.P.C., the Apex Court in the recent decisions in Prashant Bharti v. State of NCT of Delhi 2013 (2) AD (S.C.) 89" on 23.01.2013 has in a similar and identical case observed inter alia as under:-

"19. The proposition of law, pertaining to quashing of criminal proceedings, initiated against an accused by a High Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C.") has been dealt with by this Court in Rajiv Thapar & Ors. vs. Madan La/ Kapoor (Criminal Appeal No...... of 2013, arising out of SLP (Crl.) no.4883 of 2008, decided on 23.1.2013) wherein this Court inter alia held as under:

22. The issue being examined in the instant case is the jurisdiction of the High Court under Section 482 of the Cr.P.C., if it chooses to quash the initiation of the prosecution against an accused, at the stage of issuing process, or at the stage of committal, or even at the stage of framing of charges. These are all stages before the commencement of the actual trial. The same parameters would naturally be available for later stages as well. The power vested in the High Court under Section 482 of the Cr.P.C., at the stages referred to hereinabove, would have far reaching consequences, inasmuch as, it would negate the prosecution's/complainant's case without allowing the prosecution/complainant to lead evidence. Such a determination must always be rendered with caution, care and circumspection. To invoke its inherent jurisdiction under Section - 482 of the Cr.P.C., the High Court has to be fully satisfied, that the material produced by the accused is such, that would lead to the conclusion, that his/their defence is based on sound, reasonable, and indubitable facts; the material produced is such, as would rule out and displace the assertions contained in the charges leveled against the accused; and the material produced is such, as would clearly reject and overrule the veracity of the allegations contained in the accusations levelled by the prosecution/complainant. It should be sufficient to rule out, reject and discard the accusations leveled by the prosecution/complainant, without the necessity of recording any evidence. For this the material relied upon by the defence should not have been refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such, as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice.

K.      On the strength of the above judgments and statements of the Complainant / Respondent no.2 and 3, the present FIR is liable to be quashed.

8.       That the petitioner crave the leave of this Hon’ble Court to raise such other or further ground that may be available to them at the time of hearing of the present petition.

9.       That the petitioner craves leave to alter or amend the petition with the permission of this Hon’ble Court and by way of the present petition the petitioner humbly seeks the indulgence of this Hon’ble Court to pass appropriate orders for quashing of FIR.

10.     It is submitted that this Hon’ble High Court has the requisite territorial jurisdiction to try and entertain the present Petition as the FIR registered within the territorial limits of this Hon’ble Court. Moreover, the Impugned FIR has been registered from within the territorial limits of this Hon’ble Court’s jurisdiction.

CERTIFICATE OF NON-FILING:

11.     The petitioner had not filed any other Petition, or any similar petition, either before this Hon’ble Court or before the Hon'ble High Court of Delhi at New Delhi or before the Hon'ble Supreme Court of India, except the one detailed before.

P R A Y E R

          In the facts and circumstances of the case, it is respectfully prayed that this Hon’ble Court may please to:-

A.      Issue a writ of direction to quash the FIR bearing no. XX/2024 under Section 287/304A of IPC registered with P.S. xxx and the proceedings emanating therefrom.

B.       Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

It is prayed accordingly,

          PETITIONER

Place: New Delhi             THROUGH

Dated:

ADVOCATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. NO. ______ OF 2024.

IN

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                                 : PETITIONER

VERSUS

XXXX                             : RESPONDENTS

FIR No. XX/2024

                    U/s.: 287/304A of IPC

P.S.:xxx, Delhi

APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE CODE FOR EXEMPTION FROM FILLING CERTIFIED COPIES OF THE ANNEXXURES.

MOST RESPECTFULLY SHOWETH ;-

1.       That the petitioner has filed Annexures along with the main petition in order to support the petition and the Annexures filed is the true, correct and compared copies of the original.

2.      That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as the same is made available by copying agency concerned.

It is most respectfully prayed that the petitioner may kindly be exempted from filling the certified copies of the Annexures.

Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

          PETITIONER

Through

Place: New Delhi

Dated:

ADVOCATES

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                                 : PETITIONER

VERSUS

XXXX                             : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. XXX, aged about XX years, S/o Sh. XXX, Proprietor of M/s. XXXX, having Regd. Office at XXX, xxx, do hereby solemnly affirm and declare as under:-

1.       That I, the deponent, am the Petitioner in the above captioned case and am well conversant with the facts and circumstances of the present petition and hence I’m competent to swear the present affidavit.

2.       That the accompanying petition has been drafted by my counsel under my instructions and factual contents of the same are true and correct as per my knowledge.

3.       That the contents of the Synopsis, List of Dates and Paragraphs No. 1 to ___ including the sub-paras of the accompanying petition are true and correct to knowledge and the contents of the Grounds and Paragraphs No. ____ to ____ of the accompanying petition are based on the legal advice received which is believed to be true. The last para is the prayer before this Hon’ble Court.

4.       That the annexures annexed to the accompanying petition are true to their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of July, 2024 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. NO. ______ OF 2024.

IN

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                                 : PETITIONER

VERSUS

XXXX                             : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. XXX, aged about XX years, S/o Sh. XXX, Proprietor of M/s. XXX, having Regd. Office at XXX, xxx, do hereby solemnly affirm and declare as under:-

1.       That I am the Petitioner in the above mentioned case and as such I am conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.       That upon my instruction, my advocate, is filing this Application for Exemptions from Filing Certified Copies, in the above-mentioned case, and I am fully conversant with the facts of the same. That I say that the facts stated therein are true and correct to my knowledge. Any annexures filed along with the Application are true copies of their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of July, 2024 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXX                                          : PETITIONER

VERSUS

XXXX                             : RESPONDENTS

AFFIDAVIT OF RESPONDENT NO.2.

Affidavit of Mr. XXX aged about XX years S/o Sh. XXX, R/o XXX, xxx , do hereby state on solemn affirmation and declare as under:-

1.       That I am the Complainant / Respondent No.2 in the above-mentioned case and as such I am conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.       I have gone through the averments made in the accompanying petition filed under Section 482 Cr.P.C. are true and correct to the best of the deponent knowledge and explained to me in vernacular.

3.       I confirm that the present FIR in question bearing No.090/2024 under Section 287/304A of IPC with P.S. xxx, Delhi was registered by me against the petitioner. I also confirmed that matter has been settled / compromised amicably with the petitioner vide MOU dated XX.XX.2024 and I will not file any claim petition before any competent court of law and will co-operate in quashing of the present FIR.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of July, 2024 that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. WRIT PETITION No._____ OF 2024.

IN THE MATTER OF :-

XXXX                                                 : PETITIONER

VERSUS

XXXX                             : RESPONDENTS

AFFIDAVIT OF RESPONDENT NO.3.

Affidavit of Sh. XXXX, aged about XX years S/o Sh.XXX, R/o XXX, xxx, presently at xxx, do hereby state on solemn affirmation and declare as under:-

1.       That I am the LR/Father of the Complainant as well as Deceased and respondent no.3 in the above-mentioned case and as such I am conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.       I have gone through the averments made in the accompanying petition filed under Section 482 Cr.P.C. are true and correct to the best of the deponent knowledge and explained to me in vernacular.

3.       I confirm that the present FIR in question bearing No.XX/2024 under Section 287/304A of IPC with P.S. xxx, Delhi was registered by my son xxx against the petitioner. I also confirmed that matter has been settled / compromised amicably with the petitioner vide MOU dated XX.XX.2024 and I will not file any claim petition before any competent court of law and will co-operate in quashing of the present FIR.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of July, 2024 that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT