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Quashing of FIR on settlement between the complainant & accused – Condition to plant 50 samplings OR to pay Rs.25,000 to the Delhi State Legal Services Authority

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Respondent No.2 filed complaint that on 23.2.2015 her neighbours, his brother, his wife and nephew attacked her carrying bricks and rods in their hands and also molested her.  The father and brother of the complainant who came to her rescue were also assaulted.

Accordingly, FIR No.0191 of 2015 was registered for offences punishable under Sections 323, 354, 452, 506 read with Section 34 of the Indian Penal Code on the complaint

On 15.2.2024, the matter was settled between the parties who are neighbours as per the Memorandum of Settlement.

The petitioners, therefore, filed petition under Section 482 of the Cr PC for quashing the FIR.

HELD that considering the facts and circumstances of the case, the parties being neighbours intend to put quietus to the proceedings.  The chances of conviction are bleak in view of amicable settlement.   Therefore, the FIR was quashed.  However, the petitioners are directed to plant 50 samplings of trees, which are upto 03 feet in height in the local parks in the residential area within the jurisdiction of Police Station, Soltanpuri, Delhi, after getting in touch the competent authority i.e. Horticulture Department of MCD / DDA / Conservator of Forests, Department of Forests & Wildlife, Govt. of NCT of Delhi) through IO / SHO, P.S. Sultanpuri. 

The photographs of planted saplings along with the report of IO / SHO concerned shall be forwarded to the High Court within eight weeks. 

In case of non-compliance of directions for planting of trees, the petitioners shall be liable to deposit cost of Rs.25,000/- with the Delhi State Legal Services Authority.

Judgment dated 2.5.2024 in CRL.M.C. 1606 of 2024 of Om Kumar and others Vs. The State of (NCT of Delhi) and others

 

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