In Display Of Penitence, Parties To Criminal Complaint Case Offer To Undertake Social Work, Delhi HC Asks Them To Plant 300 Saplings Each [Read Order]

While there are hundreds of cases where parties to a criminal case arrive at a settlement and then knock at the court’s door for the quashing of FIR, in this one particular case before the Delhi High Court, the complainant and the accused offered to undertake some social work as an expression of their contrition for having assaulted each other and caused undue pain and injury.

While ordering quashing of FIR, Justice Najmi Waziri told them to plant 300 tree saplings each in two weeks as part of compensatory afforestation.

In the instant case, petitioner Bhawani Ram through advocate Naresh Kaushik had come to the high court seeking quashing of FIR registered at Police Station Lajpat Nagar under Section 308 IPC (attempt to commit culpable homicide).

The complainant in the case was a guard at PGDAV College who had been assaulted by the petitioner, which resulted in grievous injuries to him. The petitioner himself also suffered injuries in the altercation with the complainant.

“With the passage of time and healing of wounds, the parties had endeavoured to settled the lis amicably and have been successful in their endeavour,” noted the high court.

“Since the complainant himself does not wish to pursue the complaint any further, the FIR is denuded of its essential substratum. Therefore, any further proceedings arising therefrom would be an exercise in futility,” noted the court.

At this stage, advocate Kaushik and the counsel for the complainant submitted that as an expression of their contrition for having assaulted each other and caused undue pain and injury, they agree to undertake some social work, as may be directed by the court.

“Accordingly, they are directed to appear before the Deputy Forest Conservation Officer (South), GNCT of Delhi on 06.08.2018 at 11.00 a.m. who shall assign them duties for two weeks for maintenance of Compensatory City Forest, which are under his jurisdiction. Each of the petitioners shall plant at least 300 trees during the aforesaid period,” ordered the court.

Read the Order Here