SUDESH KUMAR vs THE STATE GOVT. OF NCT OF DELHI AND ORS.

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20.02.2025 + W.P.(CRL) 3400/2024 & CRL.M.A. 32719/2024 SUDESH KUMAR .....Petitioner Through: Mr. Viraj R. Datar, Senior Advocate with Mr. Ankit Rana, Mr. Tushar Rohmetra and Mr. Srikant Singh, Advocates versus THE STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA ORDER MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present petition has been filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking quashing of FIR No. 0612/2024 dated 07.10.2024 registered at P.S. Alipur, Delhi for offences under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 on basis of the Compromise Deed dated 19.10.2024 executed between the Petitioner, and Respondent Nos. 2 and 3. 2. It is stated in the petition that the petitioner was awarded the tender of the construction work for the construction of RCC drain from Village Jindpur (GT Road) to village Mukhmelpur (Drain No. 86) Distt North vide Signature Not Verified Signed By:HEMANT PRATAP SINGH W.P.(CRL) 3400/2024 Page 1 of 7 Signing Date:20.02.2025 11:59:25 agreement No. EE/CD-VI/ACS- 17/2023-24/1568 dated 15.06.2023. It is stated that on 07.10.2024 unfortunately a five years old boy namely Rahul, fell into the sewer near MCD School Jindpur and lost his life, pursuant to which the subject FIR was registered against the Petitioner. 3. Learned senior Counsel for the Petitioner states that the victim's death was purely accidental and that there was no foul play on the part of the Petitioner. 3.1 He states that the unfortunate incident took place on the footpath side which goes from Alipur to Jindpur. He states