Source : INDIA TODAY NEWS
The Delhi High Court has cancelled an FIR lodged after a fight between friends, saying the dispute had been amicably settled and ordering the two accused to perform community service at a hospital in Manipur. The court said the complainant and the accused remained friends and had no subsisting grievance against each other.
Observing that the chances of the case ending in a conviction were remote, the court said continuing the criminal proceedings would serve no useful purpose. It made the relief of cancelling the FIR conditional on community service and payment of costs.
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In an order passed on August 21, Justice Prateek Jalan said, “… I am of the view that it would be appropriate to make the relief sought (quashing of FIR) subject to undertaking community service and paying appropriate costs. The petitioner and respondent no. 4 (both accused) shall undertake community service for a total of six sessions of two hours each at Regional Institute of Medical Science, Manipur.”
The court said both men must report to the hospital’s medical superintendent, who will assign suitable duties to them. The court directed that the community service be completed within two months from the date of commencement.
After that, the medical superintendent will issue a compliance certificate, which is to be placed on the court record. The two men were also directed to collectively pay Rs 10,000 to the Delhi High Court Bar Association within two weeks.
The order came while allowing a plea seeking cancelling of an FIR registered at Dabri Police Station in Delhi.
The FIR, registered in March last year, was based on a complaint by a man who alleged that he was living in a rented flat with his friend when both accused forcibly entered the premises and assaulted him and his friend.
According to the FIR, one of the residents was allegedly kicked and punched, causing him to fall headfirst onto the kitchen slab and suffer a head injury.
In its order, the court noted that the FIR did not allege the use of any firearm or sharp weapon, or any separate act directed towards causing the head injury.
The court was told that the parties had settled the matter without any coercion or undue pressure and had signed a settlement deed.
The injured person also told the court that he had recovered from the injury and was not suffering from any lasting consequences. The parties said they remained friends and had no subsisting grievances against each other.
While cancelling the FIR, the court noted that the dispute arose from a quarrel between friends and was resolved shortly after the FIR was registered.
“In these circumstances, continuation of the criminal proceedings would serve no meaningful purpose and would only perpetuate discord and animosity between parties. The ends of justice would, therefore, be better served by bringing the proceedings to a quietus,” the court observed.
– Ends
(With inputs from PTI)
SOURCE :- TIMES OF INDIA
