Mohd Kalam vs. The State and Anr.
Background
A labourer, Ramkalit Yadav, employed by the petitioner's power company, was injured after coming into contact with a live electric wire while digging, and was rushed to AIIMS Trauma Centre. An FIR was registered against the employer under provisions corresponding to causing hurt through a negligent act (BNS Sections 287/125(a), corresponding to IPC Sections 285/337), on the allegation that safety measures had not been taken.
Decision Breakdown
The parties entered into a Memorandum of Understanding: the injured worker continued working for the same employer at nearly double his earlier salary, and received Rs 1,00,000 as compensation by demand draft in court. He confirmed the settlement was voluntary and that he had no objection to quashing. The Court held continuing the case would serve no useful purpose once genuinely settled and quashed the FIR under Section 528 BNSS.
Lesson Learnt
Workplace-injury criminal cases involving relatively minor hurt offences can be resolved and quashed once the employer compensates the injured worker and the worker confirms a voluntary, adequate settlement.