N. CHANDRAN Vs. INSPECTOR OF POLICE AND ANOTHER

JUDGEMENT

(1.) This criminal original petition has been filed to quash the F.I.R. in Crime No. 303 of 2015 on the file of the respondent police Omachikula, Madurai. The petitioner is the sole accused in Crime No. 303 of 2015 on the file of the first respondent, for the alleged offence under section 304-A of I.P.C. The complaint against the petitioner is that the deceased was working under the petitioner. The deceased was asked to remove the stagnated water from the pit. By mistake, the switch of the motor was put on, which resultantly the electricity passed to the deceased. The deceased was taken to the nearby hospital and thereafter to a better hospital. On thorough investigation, he was found dead.

(2.) When the matter is taken up for hearing, a joint compromise memo was filed by the petitioner and the second respondent being wife of the deceased. In that joint compromise memo, it has been stated that the matter has been settled between the parties. Both the parties have also present both the counsel submitted that the joint compromise memo may be accepted.

(3.) When a query was raised by this Court as to how the proceedings could be quashed, the learned Counsel for the petitioner made reliance upon the judgment of the Delhi High Court in the case Baij Nath Thakur and other Vs. State, Crl. R.C. 3465 of 2011 , wherein it has been held as follows :