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Burgers for 2 orphanages: Delhi High Court’s condition for quashing rape FIR

The petitioner's former wife submitted that she had no objection if the FIR is quashed.

Pancy Singh further alleged that the restaurant had no right to charge it as packaging charges, while delivering the burger. (File/Representational)

The Delhi High Court recently directed a man to provide two orphanages with “hygienic and good quality burgers” as a condition for quashing an FIR registered against him for rape, stalking and criminal intimidation of his former wife.

A single judge bench of Justice Jasmeet Singh quashed the FIR against the man observing that the respondent no. 2 (petitioner’s former wife) was married to him and the couple had “temperamental differences due to which they decided to part ways”. The parties had reached a settlement before the Mediation Centre, Saket Courts, New Delhi on July 4, and further submitted before the high court that they had entered into the settlement of their “own will, volition and without any threat, force or coercion”. The petitioner’s former wife submitted that she had no objection if the FIR is quashed. “In view of this, the allegations under Section 376 IPC can be quashed,” the court held.

The judge, however, observed that the matter had been going on since 2020 and a considerable time of the police and judiciary had been wasted which could have been utilised for important matters. “Therefore, the petitioner must do some social good for the society,” Justice Singh observed.

During the course of the hearing, the man submitted before the court that he runs two burger restaurants – ‘Burger Singh’ and ‘Wat-aBurger’ — in Noida and Mayur Vihar. The man further undertook to provide hygienic and good quality burgers to two orphanages having at least 100 children each.

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The high court went on to quash the FIR registered against the petitioner “subject to the petitioner serving hygienic and good quality burgers to children in two orphanages at Noida and Mayur Vihar, identified by the Additional Public Prosecutor, on or around Dussehra following all Covid protocols”.

The Investigating officer, Sarita Vihar police station, was directed to ensure that the meal is cooked in a safe and clean environment following covid protocols. The petitioner along with the investigating officer were further directed to file a compliance affidavit and the court listed the matter for compliance on November 21.

First published on: 04-10-2022 at 04:41:51 pm
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