Delhi High Court – Orders
Ashwani Kapoor vs State Nct Of Delhi And Anr on 12 February, 2026
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3877/2025, CRL.M.A. 35042/2025
ASHWANI KAPOOR .....Petitioner
Through: Ms. Devyanani Sharma and Mr. Sahil
Giri, Advocate.
versus
STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Kshitiz Garg, Advocate for Mr.
Amol Sinha, ASC for the State.
SI Chetan, P.S.: Paschim Vihar West.
Ms. Devyaani Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 12.02.2026
By way of the present petition filed under Article 226 of the
Constitution of India read with section 528 of the Bharatiya Nagarik
Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No.
1382/2023 dated 29.12.2023 registered under sections 285/304-A of
the Indian Penal Code, 1860 (‘IPC‘) at P.S.: Paschim Vihar West,
Delhi.
2. Further to what was recorded in order dated 29.01.2026, Mr. Kshitiz
Garg, learned counsel appearing for Mr. Amol Sinha, learned ASC for
the State submits, that as per their calculation, and considering the age
of the deceased and his monthly wages as an unskilled worker, as well
as the parameters under the Employee’s Compensation Act 1923 (‘EC
Act‘), the compensation that the deceased would be entitled to receive
under the EC Act would be Rs. 14,97,496/-.
W.P.(CRL) 3877/2025 Page 1 of 3
This is a digitally signed order.
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3. Learned counsel appearing for the petitioner submits, that the
petitioner has already paid to respondent No.2 a sum of Rs. 11 lacs.
Out of 11 lacs, Rs. 10.50 lacs has been given towards compensation
and Rs. 50,000/- towards medical/funeral expenses; and is also
willing to pay the balance amount of Rs. 3.97 lacs on the parameters
of the EC Act.
4. The petition is premised on Settlement Deed dated 18.11.2025,
whereby the petitioner and respondent No. 2 have resolved the matter
amicably.
5. Respondent No.2 is present in-person in court. She is also represented
by counsel. Counsel submits, that the amount offered is acceptable to
her as full and final compensation, payable in the present proceedings.
6. The petition is also supported by affidavits of the petitioners and of
respondent No. 2, alongwith proof of their IDs.
7. The contesting parties are present in court. Their credentials have
been verified and they have also been identified by their respective
counsel.
8. Mr. Kshitiz Garg, learned ASC confirms that the State has no
objection to the subject FIR being quashed.
9. In the circumstances, in line with the law laid down by the Supreme
Court in Gian Singh vs. State of Punjab & Anr. reported as (2012)
10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab &
Anr. reported as (2014) 6 SCC 466, this court sees no reason why the
subject FIR and all proceedings emanating therefrom should not be
quashed. This court is of the view that in light of the settlement
between the contesting parties, continuing with the subject FIR and all
W.P.(CRL) 3877/2025 Page 2 of 3
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 19/02/2026 at 20:30:36
subsequent proceedings would be an exercise in futility and would not
be conducive to peace and harmony between the parties.
10. In view of the above, subject to the petitioner paying to respondent
No.2 the sum of Rs.3.97 lacs within 04 weeks; and placing proof of
payment on record, case FIR No. 1382/2023 dated 29.12.2023
registered under sections 285/304-A of the IPC at P.S.: Paschim Vihar
West, Delhi is quashed. All proceedings arising therefrom also stand
closed.
11. Respondent No.2 shall be at liberty to revive the present petition, if
payment of the balance sum, referred to above, is not made as
directed.
12. Petition stands disposed-of.
13. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J
FEBRUARY 12, 2026
V.Rawat
W.P.(CRL) 3877/2025 Page 3 of 3
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 19/02/2026 at 20:30:36
