While quashing an FIR registered for attempt to commit culpable homicide, the Delhi High Court has asked a 22-year-old and a 25-year-old to do community service at Dr Ram Manohar Lohia Hospital for a period of one month (Mahender Singh vs State).
In view of the compromise arrived at by the parties concerned, a single- judge Bench of Justice Subramonium Prasad opined,
“The petitioners are youngsters having entire life ahead of them, the fact that the parties are related to each other and the injury sustained by the complainant is only minor in nature, this Court is inclined to quash the FIR exercising its jurisdiction under Section 482 CrPC. The petitioners must understand that anger does not give a license to take law in their hands. To sober down the petitioners this Court feels that they should do some community service for at least one month.”
A direction was also passed to the petitioners to deposit costs of Rs 25,000 each with Army Welfare Fund Battle Casualties.
As per the FIR, the petitioner had beaten the complainant and hit him on his head with a danda.
Upon medical examination of the complainant, it was found that he had sustained minor head injury with left periorbital swelling.
Chargesheet was filed by the Police against the accused under Section 308 (attempt to commit culpable homicide) IPC.
The Court quashed the FIR while ordering community service. A certificate from Medical Superintendent, Dr. Ram Manohar Lohia Hospital was sought by the Court to certify the compliance with its order.
In case of any absenteeism/default, the same shall be conveyed immediately by the Medical Superintendent to the concerned SHO to bring it to the Court’s notice for seeking recall of the order quashing the FIR, it was added.
Last week, while quashing an FIR registered for an attempt to murder, the same bench had asked a 21-year-old accused to do one-month community service at Gurdwara Bangla Sahib.