W.P.(CRL)/2227/2019 of BABU KHAN & ANR. Vs STATE & ORS.
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- BABU KHAN & ANR (PETITIONER)
- STATE & ORS (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 2227/2019
BABU KHAN & ANR...... Petitioners
Through Mr Tarun Arora, Advocate.
versus
STATE & ORS...... Respondents
Through Mrs Kusum Dhalla, APP for State.SI Kamal Sharma, P.S. Patel Nagar.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRUO R R%18.02.2020
1.The petitioners have filed the present petition, inter alia, praying thatthe FIR No. 72/2019 under Sections 288/304-A of the IPC, registered withPolice Station Patel Nagar, New Delhi and all proceedings emanatingtherefrom, be quashed.
2.This Court has examined the aforesaid prayer and by an order dated05.09.2019, concluded that the ends of justice would be served in ensuringthat the petitioners pay the compensation as agreed and the FIR in questionbe quashed. However, the Court found that the quantum of compensationwas on the lower side and therefore, had recorded the petitioners’ statementthat further amount of ₹1,00,000/- be paid. The petitioners had already paid sum of ₹8 lakhs to the legal heirs of the deceased and were required to pay further sum of ₹1,00,000/- lakh.
3.Out of the amounts paid earlier, sum of ₹1.25 lakhs was required to be deposited in the bank account of the minor son of the deceased (Jonny).In all, sum of ₹2.25 lakhs was required to be deposited in his account. It is now confirmed that sum of ₹1.25 lakhs has been deposited by respondent nos. 2 to 4 in his bank account from the compensation paid by thepetitioners.
4.The learned counsel appearing for the petitioner has handed over ademand draft No. 021142 for sum of ₹1,00,000/- lakh in favour of the minor son of the deceased (Jonny), drawn on Andhra Bank to the IO. The IOis directed to deposit the said demand draft in the bank account of Jonny.
5.In view of the above, the petition is allowed. The FIR No. 72/2019under Sections 288/304A of the IPC, registered with P.S. Patel Nagar, NewDelhi and all proceedings emanating therefrom, are quashed.
FEBRUARY 18, 2020
pkv
VIBHU BAKHRU, J