HC quashes FIR against Army officers
New Delhi: The Delhi High Court today quashed an FIR against two Army officers, charge sheeted for allegedly causing injuries to two civilians with a knife last year, but directed them to pay Rs 25,000 each as cost after the parties settled the issue out-of-court. Justice Kailash Gambhir quashed the FIR lodged at Amar Colony police station in South Delhi but directed the young officers to pay the amount to be deposited with the Advocates Welfare Fund.
"Considering the fact that an amicable settlement has been arrived between the parties, I quash the FIR. However, cost of Rs 25 000 is imposed on each petitioner…," the court said. The court passed the order after it was informed that the parties have reached at out-of-court settlement on June 1 and the complainants did not want to pursue the litigation. The court accepted Public Prosecutor Ritu Gauba`s argument that court should impose cost on them as the charge sheet was filed in April by police and the government machinery was used in the case.
Appearing for the officers, senior counsel Rakesh Tikku, assisted by Sandeep Bajaj, submitted that the two officers are young and this case would cast a stigma to their career. Pleading the court to quash the criminal proceedings which arose out of the FIR, the lawyer said that with the intervention of family members and well wishers, the accused as well as complainants have settled the issue. "In case the proceedings in the lower court continue, the enmity between parties will increase and it will unnecessarily create bad blood between the parties and may also cast stigma on the careers of my clients," the counsel argued.
The counsel claimed that on December 18 last year, the officers had gone to drop their friend in Amar colony when the complainants had passed "lewd comments" against her which led to a quarrel. Even a cross FIR was lodged against the complainants by the officers` friend for allegedly passing lewd comments and making physical advances against her and her friends, the counsel said.