Ishrat Ara vs State of Delhi

Suresh Kait, J.—Ld. Counsel for the petitioner submits that a complaint was lodged at PS-New Friends Colony and the same was

converted into FIR NO. 48 dated 22.02.2010 case u/s 284/338/304A Indian Penal Code, 1860 by the Police.

The incident took place on 21.02.2010 at about 10 PM when fire broke out in the godown and three persons, two of whom who were engaged

in their daily job whereas third one came to the shop to meet his friend namely deceased Shamsher received burn injuries and were taken to the

hospital. One of them gave statement as he was found fit for this purpose, whereas the statement of the other two could not be recorded as they

were not found fit for their statements and ultimately all the three died in the hospital.

The matter was investigated and thereafter police did not find it a fit case for trial, therefore they filed the cancellation report while saying

suddenly fire broke out and the reasons of fire could not be established. Therefore there was no fault of the employer.

It is further recorded in the ""Closure Report"" that he obtained report from FSL. FSL experts gave their opinion as ""the soot pattern and damage

pattern indicates that the blasts could have initiated in the basement and it was due to the leakage of LPG"". Thus from the statement of witnesses,

statement of deceased Razzaq, post-mortem report, FSL Report caste no suspicion on anyone.

It is further recorded in the said ""Closure Report"" that the said incident occurred only due to leakage of LPG gas in which no one can be

blamed.

The Magistrate did not accept the ""Closure Report"" and vide order dated 15.03.2011, summons were issued to petitioner being owner and

manager of the store.

Ld. Counsel for the petitioner further submits that as per the impugned order, it is recorded that there were no regulators on the cylinders. Ld.

Counsel submits, the cylinders were stored by the accused in the premises in question which is evident from the FSL Report. Therefore, question

of regulator does not arise, as the cylinders were in store not in use.

Ld. Counsel for the petitioner further submits that since the Cylinders were lying in the basement and fire also broke out there only, therefore,

the police rightly filed the ""Closure Report"". There was no question of Regulator being put on the Cylinders.

In addition to that, ld. counsel further submits that petitioner has already compensated the family of the deceased / employees and paid a sum of

Rs.2 Lacs and Rs.3 Lacs and to the Strangers. In addition to that, the Insurance Cover was available to the dependants of the deceased /

employees. Therefore, the family of the deceased shall enjoy that cover throughout their life.

Rahish Safiq, father of deceased Razzaq and Jabbar Safiq father of deceased Shamsher are personally present in the court and submits that

they have received Rs.2 Lacs each from the petitioner and they are continuously receiving the Insurance amount @ Rs.12,000/- per year.

These two persons are being identified by the IO/SI Sukhwinder Singh Sandhu of the present case. They submit that they do not want to

pursue the case further and if the present case is quashed, they have no objection.

The punishment u/s 304A is maximum 2 years or find or both. u/s 338 punishment is the same, whereas u/s 285 Indian Penal Code, 1860, the

punishment is 6 months or fine or both.

u/s 357, Courts have power to compensate the victim by way of fine/cost imposed.

Since in the present case, the petitioner has already compensated the family of the victim is fully satisfied. The petitioner is a deserted lady

seems to be physically challenged. She is also not of high means.

While quashing the impugned order dated 15.03.2011, Crl.M.C.3578/2011 is allowed.

Consequently, FIR no. 48/2010 of Police Station-New Friends Colony is quashed.

Since Crl.M.C. 3578/2011 is allowed, Crl. M.A. 12706/2011 (Stay) become infructuous and disposed of as such.