Can't approve blood money, not recognised by legal system: HC refuses to quash FIR against man
Noting that the accused arrived at a settlement with the legal representatives of the deceased, Justice Girish Kathpalia underlined, 'It is the deceased child who suffered injuries and pain, followed by loss of life. That deceased child cannot be compensated in any manner. The legal representatives left behind by the deceased child have no moral or legal authority to barter away his life for money to be paid to them.'
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.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
4 minutes ago
- The Hindu
HC warns of severe action for cybercrimes targeting children
Underscoring the seriousness of cyber offences targeting children, the Delhi High Court has said that such crimes will attract severe consequences, reflecting the grave psychological impact on victims. While upholding the conviction of a man in a cyber-bullying case involving a minor, Justice Swarana Kanta Sharma, in a judgement delivered on July 28, stated that digital abuse, though often faceless and silent, can be as mentally scarring as physical violence. The court was hearing an appeal in a 2016 case registered following a complaint lodged by the mother of a 14-year-old girl, a Class IX student, who became the target of a cyber assault. According to the prosecution, the victim received a morphed nude image with her face superimposed on another person's body, accompanied by a threatening message warning that the obscene content would be posted on Facebook unless she complied with the sender's demands. 'The present case reflects a textbook example of cyber-bullying, where an adolescent girl, who was pursuing her studies, became a victim of a targeted assault upon her privacy and dignity,' said Justice Sharma. 'Such conduct, in the virtual world, has very real and devastating consequences in the real world,' the judge said. The High Court said the psychological impact on a minor is difficult to quantify in words in a judgment. A trial court convicted the accused under relevant provisions of the Indian Penal Code, the Protection of Children from Sexual Offences Act, and the Information Technology Act. He was sentenced to rigorous imprisonment for five years. The High Court found no grounds to interfere with the conviction, noting that the plea for leniency on behalf of the man 'stands on a fragile footing'. 'It is important not only to detect and punish such crimes effectively but also to affirmatively uphold a child's right to safety, dignity, and mental well-being in such cases,' it added.
Time of India
18 minutes ago
- Time of India
Ensure ashram-like compassionate atmosphere in jails: Gujarat HC to authority
Ahmedabad: The Gujarat high court on Friday directed the Inspector General of Prisons to ensure that "a friendly and compassionate atmosphere, akin to an 'ashram' is required to be created within the jails". Justice H D Suthar, while ordering the release of a convict detained in Vadodara's central jail for over two months longer than his punishment and awarding him compensation, stated in his order, "It is hoped that the jail authorities will treat all inmates with humanity and sensitivity, following the Model Jail Manual, and do the needful for the rehabilitation of convicts and prisoners. The Inspector General of Prisons shall ensure that a friendly and compassionate atmosphere, akin to 'ashram,' is required to be created within the jails. " Expressing this hope, the judge quoted Mahatma Gandhi's statement, "The best way to find yourself is to lose yourself in the service of others." This happened in a petition filed by a prisoner, Raju Ninama, through advocate A A Zabuawala, who complained that his client was not released from prison even after he served his sentence. The HC summoned the jail officials, including the superintendent Usha Rada, and reprimanded them for this lapse. It ordered the immediate release of the prisoner and said, "In this case, the jail authorities, instead of following the clear directions in the warrant, unilaterally reduced the set-off period, resulting in the petitioner undergoing an additional 2 months and 8 days of illegal detention, which amounts to wrongful confinement and a violation of Articles 19 and 21 of the Constitution of India. Such wrongful confinement, stemming from arbitrariness and highhandedness, reflects a complete disregard for the fundamental rights of the convict." You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad The jail superintendent agreed to pay Rs 50,000 compensation to the prisoner. The HC further stated, "Article 51A of the Constitution enjoins all citizens to show compassion toward living beings. Jail inmates, although convicts, do not lose their fundamental rights. Despite repeated opportunities, the authorities failed to act with empathy and continued with their illegal and arbitrary approach." The HC directed all judicial officers, who are jail visitors, that "…they must verify jail records to ensure that no undertrial prisoners or convicts remain illegally detained even for a minute beyond the completion of their sentence or granting of bail." Further, the authorities are directed "to undertake a comprehensive exercise to recalculate the set-off period for all convicts as per their respective conviction warrants. After due verification, updated admission cards/tickets of convicts and relevant jail records shall be prepared in accordance with the circular dated Aug 1, 2025."
Time of India
18 minutes ago
- Time of India
Man with s 25k bounty held after gunfight
Noida: A man carrying a bounty of Rs 25,000 was arrested in a Rs 10 lakh fraud case after a gunfight with police on Thursday. He sustained a bullet injury during the exchange of fire. The suspect, Ajay alias Tinku, is a native of Fatehabad, Haryana. He had a criminal history and was implicated in at least five cases. According to officials, Bisrakh police, on Thursday, were conducting checks near the Chipyana Buzurg T-Point when the accused came on a motorcycle. He was signalled to stop, but tried to flee instead. Police managed to surround him from both sides, after which he opened fire at them. In retaliatory firing, Ajay was injured. His pistol and cartridges, the stolen motorcycle, and Rs 5,000 cash were recovered from his possession. You Can Also Check: Noida AQI | Weather in Noida | Bank Holidays in Noida | Public Holidays in Noida Police the accused, along with his accomplices Lokesh Mishra, Pawan Kumar, and Sanjeev Kumar, cheated a person of Rs 10 lakh near the Cherry County Petrol Pump in Bisrakh on July 1, following which a case was registered under BNS sections 316(2) (criminal breach of trust) and 317(2) (stolen property). While the other three accused were arrested on July 5 and sent to judicial custody, Ajay was absconding.
