KAILASH CHAND Vs. STATE

JUDGEMENT

(1.) THIS is a petition u/s 482 of the Code of Criminal Procedure for quashing FIR No. 817/2009 registered at police station Sultanpuri u/s 304-A of Indian Penal Code. It has been stated in the petition that the matter has been compromised between the petitioner and respondent no. 2 and it has been agreed that the petitioner would pay a sum of rs. 3. 5 lakhs to respondent No. 2 against all her claims. Out of that amount, a sum of Rs. 2. 5 lakhs has already been paid to respondent no. 2 and the remaining amount is to be paid after quashing of FIR.

(2.) THE FIR in this case was lodged by one Purshotam, alleging therein that deceased Rajnish was working in a factory situated at C-15, sharma Colony, Budh Vihar where clutch-brakes and allied products are manufactured with a machine run on electricity. The machine was not repaired despite several complaints. In the intervening night of 28th / 29th May, 2005, current flow from the machine hurt his brother, deceased Rajnish Pati Ram, who was declared dead, when taken to hospital.

(3.) IN para 3 of the petition, the petitioner has, inter alia, stated as under:-