15 Days After Minor Car Accident, Delhi HC Quashes FIR; Tells Accused To 'Serve Well Cooked Food In Orphanage'
Quashing an FIR against a car driver who had hit a bike in Hari Nagar area on September 13, the Delhi High Court has directed the accused to do some social service by serving hygienic and well cooked food in an orphanage, which has at least a 100 children, on October 5 and October 24.Justice Jasmeet Singh also directed the accused, who was in custody, to be released forthwith and sought...
Quashing an FIR against a car driver who had hit a bike in Hari Nagar area on September 13, the Delhi High Court has directed the accused to do some social service by serving hygienic and well cooked food in an orphanage, which has at least a 100 children, on October 5 and October 24.
Justice Jasmeet Singh also directed the accused, who was in custody, to be released forthwith and sought a compliance report from him as well as the investigating officer within a period of six weeks.
The Court quashed the FIR registered on September 13, 2022 at Hari Nagar Police Station under Section 308 of the Indian Penal Code - Attempt to commit culpable homicide.
As per the FIR, the complainant alleged that his bike was hit by a car driven by the accused as a result of which his brother, who was also on the bike, fell unconscious and was taken to the hospital.
The medico legal report revealed that the injuries sustained were simple.
Subsequently, both the complainant and accused arrived at a settlement. The Memorandum of Understanding stated that the parties had settled the disputes and the complainant did not wish to proceed with the FIR any further.
While quashing the FIR, the Court noted that due to the act or omission on behalf of the accused, the police machinery was set into motion which could have been avoided had he been more careful and responsible.
"Considerable judicial time of both the Sessions Court and this Court has been spent. Hence, the petitioner must do some social good", said the court.
It also noted that since the parties have settled their disputes, there will be no useful purpose in pursuing the FIR any further.
"The petitioner shall provide food to an orphanage not having less than 100 children on both 05.10.2022 as well as 24.10.2022. The learned APP shall identify the orphanage and give the name to Mr. Gosain. The food served should be hygienic, well cooked in safe environment and all COVID-19 protocols must also be followed.," the Court ordered.
Subject to the condition, the court quashed the FIR and ordered release of the accused.
Title: SACHIN SHARMA v. STATE OF NCT OF DELHI
Citation: 2022 LiveLaw (Del) 924