'Approving settlement would be sanctifying blood money': Delhi HC refuses to quash FIR in death case

New Delhi | The Delhi High Court has refused to accept a settlement between two parties in a case of death of a five-year-old child by a car, saying that approving such an agreement would be tantamount to sanctifying blood money as no civilized society would approve of blood money.

Justice Girish Kathpalia, in an order passed on Wednesday, said that the legal representatives of the deceased child have "no moral or legal authority to barter away his life for money to be paid to them".

"In my considered view, quashing the FIR after approving such a settlement would be tantamount to sanctifying blood money, which is not recognized by our legal system. No civilized society would approve of blood money. 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 judge said.

According to the prosecution, petitioner Vipin Gupta, while driving his car in a "rash and negligent manner" hit an e-rickshaw which overturned and the five-year-old child got crushed under it. The child who was taken to the RML Hospital was declared dead.

The judge said that whether the accused was driving the car in a rash and negligent manner would be a matter of trial.

According to the settlement, Rs 1 lakh was agreed by the parties as a compensation to be paid by the accused to the child's legal representatives, who were private respondents.

Advocate Manjeet Arya, representing the police, opposed the application for settlement.