Charges under S. 304-A IPC cannot be quashed on contention that private settlement in exchange for money has taken place

Delhi High Court: A Single Judge Bench of the Delhi High Court, dismissed a petition for quashing of FIR and criminal proceedings there under, under Section 482 of the CrPC. The FIR was registered under Section 304-A IPC against the accused who was attached with the petitioner company.

The Court noted that the accused was not named in the petition and hence, no quashment regarding him could be granted. Futher, payment of Rs 6.5 lakhs to the deceased’s legal heirs on humanitarian grounds were also found not sufficient grounds for quashment in a serious and grave offence. The Court relied on Bhajan Lal Sharma v. State (Govt. of NCT of Delhi), 2016 SCC OnLine Del 4234 : 2016 (158) DRJ 493 to explain how granting quashment to the current facts would amount to setting an unhealthy precedent, giving wrong impressions to the whole society that builders, construction contractors etc can ignore safety precautions against foreseeable threat to life of workers as long as they pay compensation. Petition dismissed with order that observations shall have no impact on merits of the case. [Hitachi Payment Services (P) Ltd. v. State,  2018 SCC OnLine Del 8131, decided on 23.03.2018]

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