S.304(A) IPC - Bombay High Court Quashes Death By Negligence Case Against Shopkeeper After 4-Yr-Old Victim’s Family Consents

The Bombay High Court has quashed an FIR registered against a shopkeeper and his employee for allegedly causing a 4-year-old’s death by negligence (304A IPC) after the child’s family consented to the quashing on humanitarian grounds.

A division bench of Justices AS Gadkari and Sharmila Deshmukh granted relief to shopkeeper Anandraj Manikam on the condition he would deposit Rs. 25,000 with the Advocate’s Association of Western India Generation Next Fund.

It was the prosecutions case that on 16th May 2023 when the complainant’s 4-year-old daughter visited the shop for purchasing chips, she clinged to the glass counter which collapsed and fell on her. She passed away while undergoing treatment.

Accordingly, the Meghwadi Police station at Jogeshwari charged the shopkeeper and his employee under Section 304-A of IPC. The offence prescribes a maximum punishment of 2 years with or without fine.

The accused approached the High Court to quash the FIR under Article 226 of the Constitution of India read with Section 482 of the CrPC. The complainant and shopkeeper informed the court that the matter was settled amicably.

The complainant also submitted an affidavit wherein he stated to have no grievance against the petitioners. He further stated that on humanitarian grounds he has shown his willingness to give no objection for amicable settlement.

Accordingly the court quashed the FIR on the condition that the shopkeeper deposits Rs. 25,000.

CRIMINAL WRIT PETITION NO.3163 OF 2023

Case Title - Anandraj Manikam vs The State of Maharashtra & Anr.

Appearances - Mr. Karim Pathan for the Petitioners. Ms. S. D. Shinde, APP for the Respondent-State. Mr. Fazlurrahman Shaikh for Respondent No.2.

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