Quashing of FIR for Causing Death by Negligence Permissible Upon Amicable Settlement and Payment of Compensation

The petitioner, Suraj, sought the quashing of FIR No. 167/2024 registered at P.S. Connaught Place involving the death of two laborers, Sh. Vijay Prakash and Sh. Bauli Ram, during construction activities.

Charges were framed under Sections 290/106/3(5) of the Bharatiya Nyaya Sanhita (BNS), corresponding to Sections 288/304A/34 of the IPC.

Following the incident, a compromise was reached via a Memorandum of Understanding (MoU) dated 16.12.2024 between the petitioner and the legal representatives (LRs) of the deceased.

Total compensation of ₹19,20,000 for the LRs of Vijay Prakash and ₹17,50,000 for the LRs of Bauli Ram was agreed upon, with the final installments of ₹7,00,000 and ₹5,00,000 respectively handed over in court.

The State verified that all identified LRs were parties to the settlement and no other survivors existed.

1. Whether the High Court should exercise its inherent power to quash criminal proceedings arising from a fatal accident on the basis of an amicable settlement and payment of compensation to the LRs of the deceased.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which grants the High Court inherent powers to pass orders necessary to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

The court addressed Sections 290 (negligent conduct with respect to pulling down or repairing buildings), 106 (causing death by negligence), and 3(5) (common intention) of the BNS.

The Court observed that despite the filing of a charge-sheet, the case remained at the stage of consideration of charge.

The prosecution’s status report confirmed that all legal heirs had been correctly identified and their consent verified.

The Court interacted with the LRs present in person, who affirmed they had entered the settlement voluntarily and received the full compensation.

The Court reasoned that since the victims’ families did not wish to pursue the charges and a comprehensive settlement had been reached, continuing the criminal proceedings would serve no useful purpose and would not further the interest of justice.

The application of inherent powers was deemed appropriate to "secure the ends of justice" given the specific compensatory nature of the resolution.

The Court quashed FIR No. 167/2024 and all consequential proceedings arising therefrom.

The petitioner was directed to submit the original settlement deed and affidavits to the Trial Court within four weeks.

The petition and pending applications were disposed of accordingly.