‘Approving settlement would be sanctifying blood money’: Delhi HC refuses to quash FIR against man who killed child in accident

The accused, Vipin Gupta, had moved the High Court, seeking quashing of the FIR against him, lodged in 2023 at the Paharganj police station, on the ground that he had compromised the disputes with the legal representatives of the deceased.

As part of the settlement, Gupta had agreed to pay Rs 1 lakh as compensation to the legal representatives of the deceased child, the court recorded.

Dismissing Gupta’s plea, Justice Kathpalia recorded, “In my considered view, quashing the FIR after approving such a settlement would be tantamount to sanctifying blood money, which is not recognised by our legal system.”

Gupta was booked for the alleged offences of rash and negligent driving (IPC section 279) and causing death by negligence (IPC section 304A). According to the prosecution’s case, Gupta, while driving his car in a rash and negligent manner, hit an e-rickshaw due to which a five-year-old child got crushed under the e-rickshaw that had overturned due to the impact of the crash. The child was declared dead when taken to the hospital.

While Gupta had blamed the e-rickshaw driver for being drunk, the Investigating Officer in the case had refuted the claim, informing the court that the e-rickshaw driver was not found to be under the influence of alcohol.

The prosecution had vehemently opposed the plea for quashing the FIR on the grounds of settlement with the deceased child’s representative. Additional Public Prosecutor Manjeet Arya told The Indian Express that one of the key grounds of opposition was that “while some countries accept blood money as settlement, including for offences such as murder, our country and legal system doesn’t, regardless of whether the victim is a child or an adult, rich or poor.”

Arya added that while charges have been framed in the case, the trial is yet to begin.