In deciding the case of parity, the role attributed to the accused, their position in relation to the incident and to the victim is of utmost importance: Delhi High Court

The Delhi High Court, through learned judge, Justice Jasmeet Singh in the case of Deepak Mamtha Devi v. The State of NCT of Delhi & Ors. (W.P.(CRL) 1329/2022)  quashed assault FIR based on compromise and directed parties to clean Yamuna River For 45 Days

BRIEF FACTS: This petition seeking quashing of FIR No. 154/2022 dated 28.02.2022, under Sections 323/341/506/509/354/34 IPC, registered at Police Station – Jaitpur, Delhi. As per the allegations, the children of the complainant and the petitioners had a fight wherein the parents got involved which resulted in an altercation. As per the MLC, the nature of injuries were simple. It was submitted that the parties have arrived at a settlement dated 24.04.2022 wherein all the disputes have been settled between the parties. Both the parties state that they have entered into the aforesaid compromise of their own will, volition and without any coercion. Both the parties regret their action and assure this Court that such actions will not take place in future.

FINDINGS OF THE COURT:  FIR No. 154/2022 dated 28.02.2022, under Sections 323/341/506/509/354/34 IPC, registered at Police Station – Jaitpur, Delhi and proceedings pursuant thereto, if any, was quashed subject to the petitioners and respondents working with Delhi Jal Board Team under the supervision of Member, Drainage Shri Ajay Gupta. The court directed the petitioners and respondents to report and do the work assigned for cleaning river Yamuna for a period of 45 days. The court observed that  at the end of satisfactory service, the petitioners and respondents will be given a certificate by Delhi Jal Board for Yamuna Cleaning and this certificate by each of the petitioners and respondents must be placed on record within one week of their receipt. The court ordered  the petitioners and respondents to help in cleaning Yamuna river with all their sincere efforts and energies. The court dismissed the petition by remarking that the Standing Counsel must be informed of each and every step taken in this regard.

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