Subhash Saxena v. The State NCT of Delhi and Anr

O R D E R %

12.11.2025

¶1A Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner seeking quashing of FIR No.568/2022 under Section 288/337 IPC registered at Police Station Vikaspuri, Delhi in terms of the Settlement dated 20.03.2023.

¶2The brief facts are that a young boy namely Sunil aged about 25 years who was picked up from the road by the Petitioner for whitewash work who fell from height and died while whitewashing the building. Accordingly, a case vide FIR No. 568/2022 dated under Section 288/337 IPC, has been registered against the Petitioner.

¶3It is submitted by the Petitioner that he is an old man of about 72 years and is a petty Contractor and is dependent upon his son. He somehow arranged Rs.2.75 lakhs to pay to Respondent No.2 as was demanded by her. It is submitted that he has no further means to pay anything beyond the This is a digitally signed order. amount already paid.

¶4It is submitted that both the petitioners and respondent No. 2 have already sorted out their all differences with the intervention of their respective persons and they have left no grudge or grievance against each other in any manner whatsoever. Therefore, the Petition be quashed.

¶5The complainant is present in the Court and submits that the compensation amount has been received by her voluntarily and also that the Petitioner had supported in the treatment of her deceased husband, while he was admitted in the Hospital. She further states that she intends to get re-married. She has no objection if the FIR is quashed against the petitioner on account of the settlement already arrived at between the parties.

¶6The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned.

¶7Considering the totality of circumstances and the financial capacity of the Petitioner to pay the compensation amount and also that the Settlement arrived at between the parties is voluntary without any pressure, force or coercion and the parties agreeable to the Settlement, the Petition is allowed. Accordingly, the FIR bearing No. 568/2022 registered at Police Station Vikaspuri, for offences punishable under Sections 288/337 of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua the Petitioner herein.

¶8The Petition stands disposed of.

NEENA BANSAL KRISHNA, J NOVEMBER 12, 2025 va This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7987/2025 SUBHASH SAXENA .....Petitioner Through: Mr. Amitava Poddar , Mr. Narendra Singh, Ms. Ananya Poddar, Advocates. versus THE STATE NCT OF DELHI AND ANR .....Respondent Through: Ms. Kiran Bairwa, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA