Court endorses settlement prioritizing compensation and welfare measures for bereaved family over legal action.
In a significant ruling, the Karnataka High Court has quashed criminal proceedings against petitioners accused of rash and negligent acts resulting in the tragic death of a two-and-a-half-year-old child. The judgment, delivered by Justice M. Nagaprasanna, emphasized the importance of meaningful restitution over mere monetary compensation, advocating for a settlement that balances justice with human compassion.
The case originated from an unfortunate incident where the young child wandered into a construction site and accidentally drowned in a water tank. The petitioners faced charges under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, which succeeded Section 304A of the Indian Penal Code, alleging criminal negligence. However, a settlement was reached between the petitioners and the bereaved father, leading to the dismissal of criminal proceedings.
The court initially rejected a proposed compensation of Rs. 2,00,000, deeming it inadequate given the gravity of the loss. Subsequently, the petitioners revised their offer to Rs. 5,00,000 as a lump sum, along with monthly payments of Rs. 10,000 for a year, totaling Rs. 6,20,000. This settlement was crafted to ensure the long-term welfare of the surviving children, with Rs. 5,00,000 directed to be invested in the Post Office Monthly Income Scheme for sustained benefits.
Justice Nagaprasanna highlighted the judicial responsibility to preserve equity and meaningful justice, noting that courts must sometimes act as custodians where law intersects with human suffering. The arrangement is intended to secure the future of the surviving children, ensuring that the compensation serves their education and upbringing.
The court ordered that the compensation be protected through interest-bearing deposits, with the periodic returns dedicated to the family's sustenance. The petitioners submitted necessary undertakings and demand drafts, affirming their commitment to the settlement terms.
The judgment underscores the court's role in facilitating closure and ensuring justice transcends commercial transactions. It also allows for the revival of proceedings should the petitioners default on their commitments.
Bottom line:-
The Court quashed criminal proceedings under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, against petitioners accused of rash and negligent acts leading to the tragic death of a child. Compensation and welfare measures were prioritized, balancing justice with human compassion.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023, Section 106(1).
Sri. Velu @ Velmayil Somu v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2941320
