Delhi High Court Refuses To Quash FIR Over Death Of 5-Yr-Old In Road Accident, Says Accepting Compromise Would Sanctify 'Blood Money'

The Delhi High Court has refused to quash an FIR registered against a man who was driving his car in a rash and negligent manner which hit an e-rickshaw resulting in the death of a 5 year old child.

Justice Girish Kathpalia refused to accept the settlement arrived between the parties wherein it was agreed that the accused will pay a sum of Rs. 1 lakh to the legal representatives of the deceased child.

The Court observed that quashing the FIR after approving such a settlement would be tantamount to “sanctifying blood money” which is not recognized by India's 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 Court said.

The FIR was registered for the offences under Section 279 (rash or negligent driving on a public way) and 304A (causing death by negligence) of the Indian Penal Code, 1860.

The man filed the plea seeking quashing of the case on the ground that he had compromised the disputes with the legal representatives of the deceased minor.

The man contended that it was the e-rickshaw driver who was drunk and caused the accident and that there were six passengers in the e-rickshaw though the permissible passenger load was only four.

Refusing to quash the FIR, the Court observed that the legal representatives left behind by the deceased child had no moral or legal authority to barter away his life for money to be paid to them.

“Therefore, I do not find it a fit case to quash FIR on the ground of the alleged settlement. The petition is dismissed,” the Court said.

Title: VIPIN GUPTA v. THE STATE NCT OF DELHI AND ORS

Citation: 2025 LiveLaw (Del) 908

Click here to read order