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2017 DIGILAW 436 (JHR)

Philips Lighting India Ltd. through Authorized Signatory Mr. Nitin Mittal v. State of Jharkhand

2017-03-01

RONGON MUKHOPADHYAY

body2017
ORDER : Heard the parties. 2. In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Adityapur P.S. Case No. 0165 of 2003 including the order dated 15.9.2016, passed by the learned Chief Judicial Magistrate, Saraikella, whereby and whereunder cognizance has been taken for the offence under Sections 287, 304-A, 417, 418 and 420 of the Indian Penal Code. 3. Petitioner No.1 is engaged in the business of providing comprehensive lighting solutions and is one of the largest manufacturers of luminaries in the world. Petitioner No. 2 is working in the petitioner No. 1 company in the capacity of Regional Sales Manager, Eastern Region. A work order dated 14.9.2002 was issued an petitioner No. 1 was entrusted with a work of supplying and erecting ant commissioning of nine, 20 meters high mast light along Adityapur Kandra Road of Adityapur, District-Saraikella. Unfortunately, an accident was caused due to collapsing of 20 meter high mast light a Adityapur, which caused the death of one Mr. Anup Kumar, who was inside a car. The accident also, caused damage to the nearby car. The complaint initially was sent to the police under Section 156(iii), CrPC which led to institution of Adityapur P.S. Case No. 0165 of 2003. After investigation, charge-sheet was submitted and thereafter cognizance was taken by the learned Chief Judicial Magistrate. 4. It has been submitted by the learned counsel for the petitioners that the matter has been compromised between the parties and the amount of compensation, which was agreed upon has already been paid to the deceased family. It has further been submitted that in fact compensation was earlier made but due to the records being not available in order to ensure compliance with the compromise, Rs. 5,00,000/- has been paid to the wife of the deceased and Rs. 39,000/- has been paid to the owner of the car on 21.10.2016. Learned counsel submits that since the matter has been compromised between the informant and the petitioners and ex gratia compensation has already been paid to the deceased family, the entire criminal proceedings as against the petitioners deserves to be quashed and set aside. 5. Mr. R.C.P. Sah, learned counsel for O.P. Nos. 2 and 3, has referred to the counter-affidavit filed by them and has submitted that opposite party Nos. 5. Mr. R.C.P. Sah, learned counsel for O.P. Nos. 2 and 3, has referred to the counter-affidavit filed by them and has submitted that opposite party Nos. 2 and 3 does not have any objection if the entire criminal proceedings are quashed. 6. It appears from the counter-affidavit that on 3.1.2006, a meeting was held in the office of O.P. No. 3, in which an agreement was entered into between the parties and in terms of the agreement so arrived at, ex gratia compensation has been paid to the family of the deceased as well as to the owner of the Car. Counter-affidavit filed on behalf of O.P. No. 3 specifically states that opposite party No. 3 does not have any objection if the entire criminal proceedings are quashed in view of the agreement entered into between the parties. 7. In view of the counter-affidavit filed by the opposite party No.3 as also in view of the fact that necessary compensation has already been paid to the family of the deceased as well as to the owner of the car, continuation of the criminal proceedings as against the petitioners would be an act of futility. Accordingly, on the basis of the compromise, this application is allowed and the entire criminal proceeding in connection with Adityapur P.S. Case No. 0165 of 2003 including the order dated 15.9.2016, passed by the learned Chief Judicial Magistrate, Saraikella, whereby and whereunder cognizance has been taken for the offence under Sections 287, 304-A, 417, 418 and 420 of the Indian Penal Code, is hereby quashed and set aside. Application allowed.