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HC quashes assault FIR after ‘amicable settlement’, asks parties to plant trees

The court also directed them to obtain a certificate from the society secretary, stating that they have planted the trees, and place the same before the high court within eight weeks, failing which the order quashing the FIR shall stand recalled and the plea will be dismissed.

Written by Omkar Gokhale | Mumbai |
January 15, 2022 1:17:14 am
A division bench of Justice Prasanna B Varale and Justice Anil S Kilor was hearing a plea filed by the two men seeking quashing of the FIR registered against them (File)

THE BOMBAY High Court, while quashing an FIR lodged against two men from Mumbai’s Vikhroli for allegedly assaulting and outraging the modesty of a woman, following an “amicable settlement”, directed them as well as the respondent woman to plant 10 trees each in the premises of their housing society within six weeks.

A division bench of Justice Prasanna B Varale and Justice Anil S Kilor was hearing a plea filed by the two men seeking quashing of the FIR registered against them on December 12, 2018 for offenses punishable
under sections 354 (assault or criminal force against woman with intention to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC), among others.

Advocate Abhijit Y Patil, appearing for the petitioners, and advocate Dilip Shinde, representing the woman, said incident was an outcome of misunderstanding.

The court was told that the three are residents of the same society and post filing of the FIR, “better sense prevailed over the parties”.

“In our opinion, continuation of the case would be nothing but a futile exercise. In these circumstances, and especially, in view of the law laid down by the Supreme Court, we find that no purpose would be served by keeping the FIR alive, except burdening the criminal courts that are already overburdened… There is no impediment in quashing the FIR in question,” the bench noted.

When the lawyers were asked if their clients would show any “goodwill gesture” towards the society, they said they are ready to abide by any condition imposed by the court.

Allowing the plea, the bench quashed the FIR subject to the petitioners and the respondent woman planting 10 trees each in their society within six weeks.

The court also directed them to obtain a certificate from the society secretary, stating that they have planted the trees, and place the same before the high court within eight weeks, failing which the order quashing the FIR shall stand recalled and the plea will be dismissed.

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