VIPIN GUPTA vs THE STATE NCT OF DELHI AND ORS

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.07.2025 + CRL.M.C. 5069/2025 & CRL.M.A. 21966/2025 VIPIN GUPTA .....Petitioner Through: Mr. Harsh Gupta and Mr. Bhojraj, Advocates. versus THE STATE NCT OF DELHI AND ORS .....Respondents Through: Ms. Manjeet Arya, APP for State with ASI Mohan Singh, PS Paharganj. Mr. Mukul Verma and Mr. Vishesh Tyagi, Advocates for Complainant. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner seeks quashing of FIR No. 272/2023 of PS Paharganj for offence under Section 279/304A IPC on the ground that he has compromised the disputes with the legal representatives of the deceased. 2. At the outset, learned APP accepting notice records strong objection to this petition, and rightly so. 3. I have heard learned counsel for the petitioner. CRL.M.C. 5069/2025 Page 1 of 3 pages Digitally signed by GIRISH Signature Not Verified GIRISH KATHPALIA KATHPALIA Date: 2025.07.30 18:02:08 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:30.07.2025 18:05:12 4. Broadly speaking, case set up by prosecution is that the petitioner, while driving his Ertiga Car in a rash and negligent manner hit the e- rickshaw due to which the e-rickshaw overturned and a five year old child got crushed under the same; and on being taken to the RML Hospital the child was declared dead. 5. Learned counsel for the petitioner submits that it is the e-rickshaw driver, who was drunk and caused the accident. Learned counsel for the petitioner also submits that there were six passengers in the e-rickshaw, though the permissible passenger load is only four. It is further submitted by learned counsel that the petitioner was not driving his car in a rash and negligent manner. 6. As regards the allegation about the e-rickshaw driver being drunk,