HIRABHAI DANABHAI KODIATAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutors waives service of Rule on behalf of the respondent-State and Mr. Rohan Vaghela, learned advocate waives service of Rule on behalf of the original complainant- respondent no.2.

(2.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing and setting aside the FIR bearing CR No. I-13/2017 registered with Mangrol Marine Police Station, Junagadh for offences punishable under Ss. 304A and 114 of the IPC.

(3.) Mr. Dipak Dave, learned advocate for the applicants submits that the complainant has settled the issue with Pashchim Gujarat Vij Company Limited since the applicants-accused are the employees of the Company and there is no criminal negligence of the applicants and the case of the complainant is that his daughter, who was studying in Std.10 in Divasa Village, was on her way to school and one 11 KV live wire fell on her body resulting into her death. Mr. Dave submits that initially accidental death was reported and and thus, on further report, FIR came to be filed. Mr. Dave submits that the allegation is that the accident could have been avoided but for improper guarding and maintenance of the electricity, the incident has occurred. Mr. Dave submits that there is no case of any negligence of any of the applicants and at the most, the complainant could show the civil negligence of the electricity Company and for that, he could be compensated for the loss of his child and as per the norms of GUVNL, requisite compensation would be Rs.2.00 lacs to be paid to the family of the victim.