UPENDER PRASAD AND ANR. vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07th May, 2026 + CRL.M.C. 3536/2026 & CRL.M.A. 14385/2026 UPENDER PRASAD AND ANR. .....Petitioner Through: Mr. Anil Devlal, Ms. Rita, Ms. Neetu Badolia, Mr. Rajesh Kumar & Mr. Krishan Kumar Sharma, Advs. Petitioner Nos. 1 and 2 in person versus STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Priyanka Dalal, APP SI Yogendra Kumar & SI Narpender Kumar Sheoran, PS-Vikaspuri, Delhi. Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present petition has been filed under Section 528 BNSS and petitioners herein seek quashing of FIR No. 694/2023 dated 18.12.2023 registered at Police Station Vikaspuri, for commission of offences under Sections 288/337/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. The above said FIR was registered on the basis of complaint lodged by one Sh. Narender Kumar on 08.12.2023 at P.S. Vikaspuri. Complainant claimed that he was working as a labourer and was working at one particular site i.e., Flat no. 46, First Floor, Vaishali Apartment, Vikaspuri. He was deployed by the contractor, Upender Prasad (petitioner no. 1 herein) and they were to lay tiles in the above said flat. Signature Not Verified Signed By:SONIA CRL.M.C. 3536/2026 1 THAPLIYAL Signing Date:08.05.2026 16:58:34 3. At the time of abovesaid construction work, Narender Kumar as well as mason-Shyam Babu, fell down and Narender Kumar sustained injuries as some portion of the balcony had fallen upon him. He was rushed to Safdarjung Hospital and his statement was then recorded wherein he indicted the contractor as no safety equipments had been provided. He also levelled allegations of negligence on