While quashing an FIR registered for an attempt to murder, the Delhi High Court has asked a 21-year-old accused to do one-month community service at Gurdwara Bangla Sahib (Umair vs State)..The Court also directed the accused to deposit Rs. 25,000 each in DHCBA Lawyers Social Security and Welfare Fund, Nirmal Chhaya Foundation, Delhi Police Welfare Fund and Army Welfare Fund Battle Casualties, as costs. .The order was passed by a single-judge Bench of Justice Subramonium Prasad while dealing with a petition preferred by the accused for quashing the FIR in view of a settlement between the parties. .The Court noted that the accused had expressed regret and even the complainant was of the opinion that his whole life would get spoiled if proceedings were allowed to continue.."The accused is a 21-year-old youngster having entire life ahead of him and the fact that the parties have entered into a settlement, this Court is inclined to exercise its jurisdiction under Section 482 Cr.P.C to quash the FIR on the ground that the parties have entered into a compromise. The petitioner, who is appearing in person along with his counsel, is warned not to indulge in such activities and repeat the offence in future," the Court the opined..The Court also considered that the accused had no criminal antecedents and did not abscond..In the present case, the FIR was registered against the accused for stabbing the complainant on the stomach. .During investigation, the accused stated that when he was arguing with his mother, the complainant slapped him which made him feel insulted. In anger, therefore, he took a knife from a vegetable vendor and stabbed the complainant..After the intervention of the parents and the well-wishers, the parties decided to settle their disputes..In the order, the Court noted that while there are Supreme Court judgments that do not mandate quashing of Section 307 (attempt to murder) FIR on account of settlements, in certain cases, such FIRs have been quashed on consideration of the antecedents of the accused, his conduct and how compromise was arrived at, etc. .[Read Order]
While quashing an FIR registered for an attempt to murder, the Delhi High Court has asked a 21-year-old accused to do one-month community service at Gurdwara Bangla Sahib (Umair vs State)..The Court also directed the accused to deposit Rs. 25,000 each in DHCBA Lawyers Social Security and Welfare Fund, Nirmal Chhaya Foundation, Delhi Police Welfare Fund and Army Welfare Fund Battle Casualties, as costs. .The order was passed by a single-judge Bench of Justice Subramonium Prasad while dealing with a petition preferred by the accused for quashing the FIR in view of a settlement between the parties. .The Court noted that the accused had expressed regret and even the complainant was of the opinion that his whole life would get spoiled if proceedings were allowed to continue.."The accused is a 21-year-old youngster having entire life ahead of him and the fact that the parties have entered into a settlement, this Court is inclined to exercise its jurisdiction under Section 482 Cr.P.C to quash the FIR on the ground that the parties have entered into a compromise. The petitioner, who is appearing in person along with his counsel, is warned not to indulge in such activities and repeat the offence in future," the Court the opined..The Court also considered that the accused had no criminal antecedents and did not abscond..In the present case, the FIR was registered against the accused for stabbing the complainant on the stomach. .During investigation, the accused stated that when he was arguing with his mother, the complainant slapped him which made him feel insulted. In anger, therefore, he took a knife from a vegetable vendor and stabbed the complainant..After the intervention of the parents and the well-wishers, the parties decided to settle their disputes..In the order, the Court noted that while there are Supreme Court judgments that do not mandate quashing of Section 307 (attempt to murder) FIR on account of settlements, in certain cases, such FIRs have been quashed on consideration of the antecedents of the accused, his conduct and how compromise was arrived at, etc. .[Read Order]