The court may quash an FIR if an amicable settlement has been reached between the parties and the continuance of the FIR would serve no useful purpose and may cause prejudice to the petitioner.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing of FIR No. 0342/2022 dated 14.04.2022 registered under Sections 336/304A at P.S. Kalkaji. The said FIR was lodged on the complaint of the respondent No. 3 - Sunny and as per the same, the victim (since deceased) one Sh. Ved Prakash had expired while carrying out some maintenance work in the outdoor air conditioning unit of the petitioner.

2. Briefly stated that facts as alleged in the FIR are that the complainant who is the cousin of the deceased along with the deceased were learning AC repair work. It has been alleged that the deceased received a complaint to repair the AC on Wendy's Restaurant pursuant to which both left for the same. The AC which was to be repaired was installed at a height on the backside of the Wendy's Restaurant. The petitioner provided him with a movable ladder which was not of sufficient height. It was alleged that the proper security arrangements were not made and when the deceased climbed the ladder for repair of the AC, he fell down due to imbalance and suffered injuries. He was rushed to the hospital, however the injuries proved to be fatal.Based on this the present FIR was lodged against the petitioner. It has been submitted that however, later on, a compromise was entered into between the petitioner and the respondent No. 2 (real brother of deceased) and respondent No.3/complainant (cousin brother of the deceased).

3. On the directions of this Court, vide order dated 12.12.2022, the parents of the deceased were duly impleaded to the present petition. They appeared before this Court on 09.01.2023. However, inadvertently their appearances are left to have been recorded in the said order. It has been submitted that the deceased was an unmarried boy of 19 years of age.

4. Learned counsel for the petitioner submits that the parties resolved all their disputes vide Settlement Deed dated 17.11.2022 on the following terms and conditions:

"1. That it is agreed that the First Party shall pay an amount of Rs.02,00,000/- (Rupees Two Lacs) only to the Second Party before the Hon'ble High Court of Delhi at the time of quashing of the aforesaid FIR bearing No. 342/2022, dated 14/04/2022 registered at Police Satiation Kalkaji, Delhi, under sections 336/304-A of the Indian Penal Code, 1860 and the proceedings thereunder, by way of demand draft/online transfer.

2. It is agreed amongst the parties that the parties should approach to the Hon'ble High Court of Delhi at New Delhi seeking quashing of the aforesaid FIR bearing No. 342/2022, dated 14/04/2022 registered at Police Satiation Kalkaji, Delhi, under sections 336/304-A of the Indian Penal Code, 1860 and the proceedings thereunder.

3. That it is further agreed that both the Second Party and Third Party shall cooperate in getting quashing the aforesaid FIR and shall execute the necessary documents in this regard, as required as per law & rules.

4. That neither the Second Party nor the Third Party nor any member of their family have any objection in case, the aforesaid FIR is being quashed by the Hon'ble High Court ofDelhi and both the parties i.e. the Second Party and the Third Party as well as their family members shall execute necessary documents in this regard.

5. That it is further agreed that neither the Second Party nor the Third Party nor any member oftheir family have any objection in case, bail is granted to the accused persons in the aforesaid FIR as the both Second Party and Third Party have already compromised the present case/matter and do not want to pursue and/or proceed with the present complaint/FIR in question.

6. That it is further agreed that the parties to this compromise deed shallsign, verify, get attested and participate/ appear before the Hon'ble Court of law and to make statement in this regard stated therein that the matter has already been compromised and the aforesaid FIR and the proceeding arising therefrom have been quashed, as agreed.

7. That th