New Delhi: The Delhi High Court has quashed a First Information Report (FIR) against a man and his two sons accused of molesting and hurting a woman relative, noting that the families have amicably settled their dispute and no useful purpose shall be served by keeping the case pending.
Justice Anoop Kumar Mendiratta, while ordering for quashing of the case, directed the accused persons to plant 50 saplings of Neem trees each, which are up to 03 feet in height in the area of Police Station Chhawala after getting in touch with the competent authority.
What was the case?
The High Court was hearing a petition by the man and his sons seeking quashing of the FIR registered against them for various alleged offences including molestation, causing hurt, theft and wrongful restraint in 2015. The complainant woman had alleged that the petitioners – man and his two sons, who were her relatives – assaulted her husband and brother-in-law and they also misbehaved with her by outraging her modesty. A cross-FIR was also registered by the wife of one of the petitioners against the complainant side and the said FIR was quashed by a coordinate bench of the High Court.
Chances of conviction are bleak in view of amicable settlement between the parties, High Court noted
The High Court, while noting that the parties intend to put quietus to the proceedings, said, “The settlement shall promote harmony between the parties and permit them to move forward in life. Also the chances of conviction are bleak in view of amicable settlement between the parties. Further, no past involvement of the petitioners has been brought to the notice of this court.”
Petitioners, complainant woman along with her husband , brother-in-law were present in person in High Court
Petitioners and the complainant woman along with her husband and brother-in-law were present in person and the court interacted with the parties, who confirmed that the matter had been amicably settled between them without any threat, pressure or coercion. Further they had no objection in case FIR in question is quashed, since disputes between the parties primarily arose on account of family issues.
“Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court,” the High Court said while quashing the FIR and proceedings emanating from the said FIR.
Photographs of planted saplings along with report of IO/SHO concerned shall be forwarded to court within 8 weeks: High Court
The court further directed the accused persons to plant 50 saplings of Neem trees each.
“In the facts and circumstances, instead of imposing the costs upon the petitioners, they are directed to plant 50 saplings of Neem trees each, which are upto 03 feet in height in the area of PS Chhawala after getting in touch with the competent authority, the High Court said and added, “The photographs of planted saplings along with report of IO/SHO concerned shall be forwarded to this court within eight weeks. Further, the upkeep of the saplings / trees shall be undertaken by the authorities concerned.”
The High Court also said that in case of non compliance of directions for planting of trees, the petitioners shall be liable to deposit cost of Rs. 50,000 each with the Delhi State Legal Services Authority.
