Assault & Criminal Force: Delhi High Court Quashes Cross FIRs By Neighbours After Settlement, Asks Them To Install & Maintain Water Harvesting System

The Delhi High Court has quashed two cross FIRs lodged by neighbours alleging assault and use of criminal force with intent to outrage the modesty of the ladies involved in the fight between them, after the parties arrived at a settlement.

As the parties undertook to implement a water harvesting scheme at city's Fatehpur Beri village, Justice Jasmeet Singh directed the parties to provide necessary financial resources and manpower to install and implement the water harvesting system as well as to maintain the same for at least a period of 10 years.

"The needful will be done within a period of four weeks from today," the Court directed while adding that the parties shall file six monthly progress report with photographs.

"The concerned I.O. will coordinate with MCD, South Zone and shall inform the petitioner and the respondents regarding the place where the water harvesting system will be installed," the Court added.

The Court thus quashed two cross FIRs filed on August 30, 2018, both under sec. 323, 354, 354B, 506, 451 and 34 of Indian Penal Code.

In the cross FIRs, the parties alleged that there was a fight which resulted in injuries to them, followed by use of assault and criminal force with intent to outrage the modesty of the women involved in the incident.

It was stated that both the parties had arrived at settlement in November last year wherein both the FIRs were required to be quashed as the parties had settled all their inter-se disputes.

The Court noted that both the parties had entered into the settlement of their own will, volition and without any threat, force or coercion and that they also regret their actions and undertake not to repeat the same in future.

"However, I am of the view that the police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties involved and useful time of the police has been utilized which could have been better utilized for the needs of the society. Hence the parties must do some social good for the benefit of the Society," the Court said.

The matter has now been listed for compliance on September 19.

Case Title: FAUJI & ORS. v. THE STATE(GOVT. OF NCT OF DELHI) AND ANR.

Citation: 2022 LiveLaw (Del) 738

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