ABRAR SAFI & ORS. v. THE STATE NCT OF DELHI AND ORS
CRL.M.C./3920/2026 · 2026-08-05
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14626 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14626 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010223292026 + CRL.M.C. 3920/2026 ABRAR SAFI & ORS. .....Petitioners Through: Mr. Ikrant Sharma, Ms. Shweta Sharma, Ms. Kritika Kharub, Mr. Saksham Mittal, Advs. versus THE STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Naresh Kumar Chahar, APP. SI Chetan, PS Paschim Vihar (West). Mr. Suyash Shankar, Adv. for R-2. Respondents-in-person
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 05.08.2026
1. This hearing has been done through hybrid mode.
2. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘CrPC’), the petitioners seek quashing of FIR No. 114/2019, registered at Police Station Paschim Vihar West, Delhi, under Sections 288, 337 and 304A of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and all consequential proceedings arising therefrom, on the basis of the amicable settlement arrived at between the parties.
3. Issue notice. The learned APP accepts notice on behalf of the State. 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 10/08/2026 at 11:19:08
4. An amended memo of parties has been filed on record. The injured persons, as well as the legal representatives of the deceased, namely his mother (Respondent No. 2) and his brother (Respondent No. 3), are present in Court and have been duly identified by the Investigating Officer (IO) concerned.
5. Briefly stated, FIR No. 114/2019 came to be registered in respect of a fatal accident that occurred on 12.03.2019 at a construction site at F-4, Udyog Nagar, Paschim Vihar, New Delhi, in the course of construction work undertaken by Petitioner No. 1, wherein one Sh. Ayub, a labourer, died, and other workers sustained injuries. Respondents No. 2 and 3 are the mother and brother of the deceased, being his surviving legal representatives, and Respondents No. 4 and 5 are the injured workers. During the pendency of the proceedings, the parties amicably resolved all their disputes and executed Memoranda of Understanding dated 07.05.2026.
6.
Learned counsel for the Petitioners submits that, in terms of the Memorandum of Understanding arrived at with the legal representatives of the deceased, a total compensation of Rs.15,00,000/- (Rupees Fifteen Lakhs only) was settled towards the death of Sh. Ayub, of which Rs.11,00,000/- (Rupees Eleven Lakhs only) has already been paid to Respondents No. 2 and 3, and the balance of Rs. 4,00,000/- (Rupees Four Lakhs only) is to be paid within a period of 30 days from the quashing of the present FIR. It is further submitted that, by a separate Memorandum of Understanding, the claims of the injured workers, Respondents No. 4 and 5, arising out of the said accident stand settled.
7. On a query made by this Court, Respondents No. 2 to 5, who have been duly identified by the IO, categorically state that they have entered into the 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 10/08/2026 at 11:19:08
settlement out of their own free will, without any force, coercion or undue influence, and that they have no objection if the present FIR and all proceedings emanating therefrom are quashed.
8. In view of the fact that the offences arise out of an accident and not out of any deliberate or intentional act, that the parties have amicably resolved all their disputes, that the compensation stands substantially paid and the balance is undertaken to be paid within 30 days of quashing, and that Respondents No. 2 to 5 have no objection to the quashing of the FIR, no useful purpose would be served in continuing the criminal proceedings. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case.
9. Accordingly, FIR No. 114/2019 registered at Police Station Paschim Vihar West, Delhi, for the offences punishable under Sections 288, 337 and 304A of the IPC, along with all consequential proceedings emanating therefrom, is hereby quashed.
10. The present petition, along with pending application(s), if any, stands
disposed of.
11. The order be uploaded on the website forthwith.
MADHU JAIN, J AUGUST 5, 2026/prg/m 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 10/08/2026 at 11:19:08