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2019 Supreme(Del) 2084

VIBHU BAKHRU
Babu Khan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Tarun Arora, Adv., Rahul Tandon, Adv., Rahul Mehra, Adv., Amanpreet Singh, Adv.

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioners have filed the present petition, inter alia, praying that FIR No.72/2019, under Section 288/304-A of the Indian Penal Code, 1860 (IPC) registered with PS Patel Nagar, be quashed.

2. The present petition is premised on the basis that the petitioners, who are accused in the said FIR and respondent nos.2, 3 and 4, (who are the legal heirs of the deceased), had entered into a settlement in terms of which they had agreed to accept a sum of Rs. 8 lakhs, in full and final settlement of their claims.

3. The FIR was lodged at the instance of Sekh Temul, who was working as a raj mistri for petitioner no.1. He had also stated that he was working on two sites. The incident had occurred on 18.02.2019. A perusal of the said FIR indicates that shuttering iron sheets were being removed and transported by a shaft. The deceased was also involved in carrying out the said works. It is stated that one iron sheet had hit the deceased (Nephool). He was immediately taken to the hospital, where he was declared dead.

4. Prima facie, it appears that the accident had occurred while Nephool was carrying out the work in question and it would be difficult to establish an

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