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    In The High Court of Delhi at New Delhi: CRL.M.C. 2511/2022 Page 1 of 3

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    Akshit
    Quashing of 304A IPC

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    In The High Court of Delhi at New Delhi: CRL.M.C. 2511/2022 Page 1 of 3

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    Akshit
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    Quashing of 304A IPC

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    1727626270935

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    Quashing of 304A IPC

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2 views3 pages

    In The High Court of Delhi at New Delhi: CRL.M.C. 2511/2022 Page 1 of 3

    Uploaded by

    Akshit
    Quashing of 304A IPC

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    $~22

    * IN THE HIGH COURT OF DELHI AT NEW DELHI

    + CRL.M.C. 2511/2022, CRL.M.A. 10469/2022 (for exemption)


    RAWAL SINGH & ORS. ..... Petitioners
    Through: Mr. Shivam Jangra, Advocate with
    petitioners No.1 & 2.

    versus

    STATE & ANR. .....Respondents

    Through: Ms. Meenakshi Dahiya, APP for State


    with ASI Rakesh Kumar.
    CORAM:
    HON'BLE MS. JUSTICE ASHA MENON
    ORDER
    % 25.05.2022
    CRL.M.A. 10469/2022 (for exemption)
    1. Allowed, subject to all just exceptions.
    2. The application stands disposed of.
    CRL.M.C. 2511/2022
    3. This petition under Section 482 Cr.P.C. has been filed for quashing of
    FIR bearing No.306/2020, under Sections 279/304A IPC, registered at
    Police Station Delhi Cantt., New Delhi and all proceedings emanating
    therefrom.
    4. The petitioners and the respondent No.2 are present in person and
    have been identified by the Investigating Officer.

    CRL.M.C. 2511/2022 Page 1 of 3

    This is a digitally signed order.


    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 29/09/2024 at 21:41:10
    5. It is submitted by learned counsel for the petitioners that the deceased
    and petitioner No.1 were members of the same regiment in the Indian Army
    and deployed at Delhi Cantt. when the accident occurred on 31st July, 2020,
    when petitioner No.1 was reversing a BMP Tank at MT Section, Parade
    Ground, assisted by the deceased. It is submitted that during the Court of
    Enquiry initiated by the Indian Army, he has been exonerated and no
    negligence or malafide had been attributed to him.
    6. It is further submitted that in the course of the proceedings before the
    MACT, New Delhi, the parties have worked out a Settlement. A sum of
    Rs.4,45,300/- amounting to a year’s salary of the deceased has been paid by
    the petitioner No.1 to the petitioner No.2, who is the legal heir of deceased
    Sh. Gajender Rajput. Additionally, the Indian Army has also sanctioned a
    sum of Rs.63,33,074/- as terminal benefits to her.
    7. The respondent No.2 informs to the Court that she is being paid a
    monthly pension of Rs.22,000/-. She further states to the Court that she is
    not willing to press the charges against the petitioner and would like to give
    a quietus to the matter.
    8. Though the FIR has been registered under Sections 279/304A IPC,
    the facts would reveal that the incident occurred when the petitioner No.1
    was reversing the BMP Tank and thus, blinded to what was in the rear. The
    petitioner No.1 has already been exonerated by the Court of Enquiry. The
    parties have mutually settled the matter and the petitioner has also
    compensated of his own resources, the petitioners No.2 & 3.
    9. In the totality of the circumstances, therefore, following the judgment
    of the Supreme Court in State of Haryana & Ors. Vs. Bhajan Lal & Ors.
    CRL.M.C. 2511/2022 Page 2 of 3

    This is a digitally signed order.


    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 29/09/2024 at 21:41:10
    1992 Supp(1) SCC 335 and Gian Singh Vs. State of Punjab & Anr. (2012)
    2 SCC (L&S) 998, this Court finds itself justified in exercising its powers
    under Section 482 Cr.P.C. to give a closure to the matter.
    10. Accordingly, the petition is allowed and the FIR bearing
    No.306/2020, under Sections 279/304A IPC, registered at Police Station
    Delhi Cantt., New Delhi and all proceedings emanating therefrom are
    quashed.
    11. The petition stands disposed of.
    12. The order be uploaded on the website forthwith.

    ASHA MENON, J
    MAY 25, 2022
    ck

    CRL.M.C. 2511/2022 Page 3 of 3

    This is a digitally signed order.


    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 29/09/2024 at 21:41:10

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