PHOOL KUMAR Vs. SHIV CHANDER YADAV & ORS

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Phool Kumar for quashing of FIR No.50/2012 dated 12.04.2012, under Sections 279/304-A IPC registered at Police Station Kapashera on the basis of the Settlementcum-Compromise Deed executed between the petitioner and respondent no.2, namely, Sh. Arun Kumar on 22.05.2014.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the respondent no.2, present in the Court has been identified to be the victim in the FIR in question by SI Arun Dagar.

(3.) The factual matrix of the present case is that the complainant /respondent no.1 herein (Sh. Shiv Chander Yadav) along with his brother was sleeping in the open space near the MCD office. The accused person, who was lifting the garbage with his JCB, ran it over the complainant's brother's head. The complainant's brother died on the spot.