When parties to a criminal proceeding, specifically regarding accidental death and negligence, reach a bona fide settlement that compensates the victim's survivors and resolves their dispute, the court, in its inherent jurisdiction, may quash the proceedings to facilitate social reconciliation and support.

ORDER :

M. NIRMAL KUMAR, J.

The petitioners/A1 to A3 in Crime No.233 of 2025 for offence under Section 125(a) of BNS, 2023 has filed this quash petition.

2.The gist of the case is that on 25.07.2023 at about 8.15 a.m., the respondent police received information from Government Royapettah Hospital. The police reached there and at that time it was informed that the injured Balaji referred to Kilpauk Medical College Government Hospital for further treatment. The police reached there, found Balaji admitted in the Intensive Care Unit and he was in an unconscious state. Hence, one Manikandan, colleague of Balaji, who was present there, enquired. He gave a statement that he along with Koteeswaran and Surya were employed under the said Balaji, who was running MR Turning Work and had taken a work contract in Spencer Plaza, Commercial Block at Phase-I for repairing and rectifying Condenser Pump, Pipeline in the AC plant. This job was entrusted by General Manager, Murugan/first petitioner and Assistant Manager, Kasthurirangan/second petitioner and as per the job order, from 23.07.2025 they were working in the site. On 25.07.2023 at about 6.30 a.m. Balaji, Manikandan and Surya went to the pump room for connecting the welding machine to the distribution panel. When the wire was being connected, the distribution box blasted and fire spots came out. On hearing the noise, the Manikandan went there, found Balaji was under severe current shock and shouting and crying with pain. Manikandan along with Kotteeswaran secured Balaji and took him to Royapettah Government Hospital. Thereafter he was referred to KMC Hospital and the above case came to be registered.

3.The contention of the petitioner is that the first petitioner is the General Manager, second petitioner is the Assistant General Manager and third petitioner is the Senior Supervisor, High Voltage/AC, all employed in Plaza Maintenance and Services Ltd. On 17.07.2025, the company issued a work order to M.R. Turning Works owned and operated by the deceased Balaji to carry out condenser pump pipe welding work at Phase-I. The said work order was accepted by Balaji and in the work order in Clause 6 it is specified that the person who takes the work order shall follow all safety requirements at site and provide necessary safety amenities to the workmen and also arrange for insurance cover for the workmen at his cost. Accepting these conditions, the work order was issued and it was expressly agreed to comply with all safety requirements and to provide necessary safety amenities including personal equipment to his workmen at his own cost. On 23.07.2025, a work permit was duly issued to M.R.Turning Works with the following specified conditions to be strictly followed:

(a)Work to be carried out strictly between 11.00 a.m. to 7.00 p.m. only

(b)Maximum of four labourers permitted.

(c)Work to be performed only under the knowledge and coordination of the AC Plant In-charge.

(d)Mandatory use of Personal Protective Equipment

(e)Work to be carried out only under electrical supervision with assistance from certified electrician.

4.The victim Balaji had been working as a Contractor with the company for 8 years and he was fully aware of all safety protocols, working hours restrictions and requirements to coordinate with the AC plant in-charge and electrician on duty before commencing any work, particularly in high- risk electrical zones. On 25.07.2025 at about 6.30 a.m., Balaji along with his team of workers including the second respondent entered the AC Plant premises without a