SIYA RAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 207/2018, dtd. 2/5/2018, registered at P.S Burari, Delhi under Ss. 288/337/304A IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) As per allegations made in the FIR, On 2/5/2018 at about 5:00 PM, bricks fell from an under-construction building owned by the Petitioner during a thunderstorm, causing fatal head injuries to mother of respondent no. 2 who was later declared dead when taken to hospital and head injuries to Respondent no. 7/minor son of respondent no. 2. The injury to Saras was later opined as simple. Chargesheet has since been filed under Sec. 279/337/304A IPC against the petitioner.

(3.) It is submitted that parties have amicably resolved their disputes and executed a Compromise Deed dtd. 22/10/2024, in terms of which the petitioner has agreed to pay the total settlement amount of Rs.4.00,000 (Rupees Four Lacs only) as compensation to the respondents. It is submitted that since after the execution of the compromised deed, petitioner has agreed to pay Rs.1.00 lac more to the respondents. It is also stated that petitioner has already paid Rs.2.00 lacs to the respondents and has brought demand draft of Rs.3.00 lacs toward the balance amount of compensation in the name of respondent no. 2. Copy of the Compromise Deed dtd. 22/10/2024 has been annexed as Annexure-2.