Hari Mohan & Ors v. State of NCT of Delhi Through Sho Ps Dbg Road & Ors

J U D G M E N T (oral)

¶1Petitioners herein seek quashing of FIR No. 312/2022 dated

20.04.2022, registered at Police Station D.B.G. Road, for commission of offences under Sections 288/304A IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

¶2The FIR in question was registered on 20.04.2022, which was based on the information that a person had been admitted at Trauma Centre, Civil Lines.

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¶3The investigation revealed that one Mr. Ashish Kumar, son of Sanjay Mandal, working at a construction site, had received injuries. He was brought at the hospital in an unconscious state, with the history of slip and fall while carrying heavy stone at DCM Building, Kishanganj, Siddipura, Delhi. The injuries proved to be fatal as he was declared brought dead on arrival. The injured was brought to the Hospital by Pawan Kumar (cousin of the deceased) and FIR was registered as adequate arrangements of security and safety measures had not been taken at time the construction site by concerned contractors.

¶4The charge-sheet has though been filed against all the four petitioners herein, the charges have yet not been framed.

¶5Respondent No.2 and respondent No.3 are present in-person and they have been duly identified by IO. They are parents of the deceased worker.

¶6When asked, respondent Nos.2 and 3 submitted that the matter has been amicably settled. As per the settlement terms, the petitioners herein have, now, agreed to make payment of Rs. 15,00,000/- as compensation. They had already received a sum of Rs. 5,00,000/- and balance amount of Rs. 10,00,000/- has been received today in the shape of four drafts. Two drafts of Rs. 2,50,000/- each are in the name of respondent No.2 and the other two drafts of the same amount are in the name of respondent No.3. They, therefore, submit that they would have 'no objection' to the quashing of the FIR in question and that the settlement has been arrived at of their own free will and volition, without any coercion and undue influence.

¶7The Court had made inquiry from respondent Nos. 2 and 3. In fact, when the matter was taken up yesterday, the petitioners themselves had agreed to enhance the compensation amount and such enhanced compensation amount has

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also been paid today. Learned counsel for petitioners, on instructions, submits that they would also offer employment to any adult family member of deceased and submits that the parents of the deceased would be at liberty to contact them.

¶8In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose.

¶9Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), it is deemed appropriate to quash the instant FIR.

¶10Consequently, to secure the ends of justice, FIR No. 312/2022 dated

20.04.2022, registered at Police Station D.B.G. Road, for commission of offences under Sections 288/304A IPC, along with all consequential proceedings arising therefrom, quashed.

¶11Original affidavits of the parties and original Memorandum of Understanding, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

¶12The petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE

AUGUST 21, 2026/sw/js

W.P.(CRL) 820/2026 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st August, 2026 # CNR No. DLHC010095852026 + W.P.(CRL) 820/2026 HARI MOHAN & ORS. .....Petitioner Through: Mr. Rohit Nath Tiwari, Advocate with petitioners. versus STATE OF NCT OF DELHI THROUGH SHO PS DBG ROAD & ORS. .....Respondent Through: Mr. Rahul Tyagi, ASC with Mr. Sangeet Sibou, Ms. Priya Rai, Mr. Shubham Goyal, Mr. Avinash Kumar Singh, Mr. Priyansh Raj Singh, Advocates. Mr. Shekhar Kumar, Advocate for R-2 and R-3. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN