MUKESH KR.GUPTA Vs. STATE (GNCT) DELHI

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Mukesh Kr. Gupta and Sh. Raj Kumar for quashing of FIR No.413/2013 dated 12.09.2013, under Sections 288/337/304A IPC registered at Police Station Jagat Puri on the basis of the compromise deed arrived at between the petitioners and respondent no.2, namely, Sh. Pankaj Bindal along with Mrs. Seema Bindal on 04.10.2015 at Delhi.

(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 his counsel.

(3.) The factual matrix of the present case is that the FIR in question was lodged by the complainant, namely, SI Inderjeet on the allegation that he was informed that Surabhi - daughter of the respondent no.2 aged 16 years had been injured due to the fall of the wall brick on her of house No. 133A, Gali No. 3, Chandu Park, Krishna Nagar, Delhi -51. He was also informed that the father of Surabhi had admitted her in hospital. When the complainant reached at the spot of the incident, after inquiry he found that the said house was still under construction and the fifth floor front wall had fallen upon Surabhi while she was passing through the street and there was no appropriate action of protection by the landlord and builders. The daughter of respondent no.2 succumbed to her injuries on 13.09.2013. The charge sheet was filed in the Court of Ld. ACMM on 15.05.2014 and the matter is still pending. During the pendency of the trial, parties arrived at an amicable settlement with each other.