THE BOMBAY Excessive Courtroom, whereas quashing an FIR lodged in opposition to two males from Mumbai’s Vikhroli for allegedly assaulting and outraging the modesty of a girl, following an “amicable settlement”, directed them in addition to the respondent lady to plant 10 bushes every within the premises of their housing society inside six weeks.
A division bench of Justice Prasanna B Varale and Justice Anil S Kilor was listening to a plea filed by the 2 males looking for quashing of the FIR registered in opposition to them on December 12, 2018 for offenses punishable
below sections 354 (assault or legal pressure in opposition to lady with intention to outrage her modesty) and 509 (phrase, gesture or act supposed to insult the modesty of a girl) of the Indian Penal Code (IPC), amongst others.
Advocate Abhijit Y Patil, showing for the petitioners, and advocate Dilip Shinde, representing the lady, mentioned incident was an consequence of bewilderment.
The court docket was informed that the three are residents of the identical society and submit submitting of the FIR, “higher sense prevailed over the events”.
“In our opinion, continuation of the case could be nothing however a futile train. In these circumstances, and particularly, in view of the regulation laid down by the Supreme Courtroom, we discover that no goal could be served by maintaining the FIR alive, besides burdening the legal courts which are already overburdened… There is no such thing as a obstacle in quashing the FIR in query,” the bench famous.
When the legal professionals had been requested if their shoppers would present any “goodwill gesture” in the direction of the society, they mentioned they’re able to abide by any situation imposed by the court docket.
Permitting the plea, the bench quashed the FIR topic to the petitioners and the respondent lady planting 10 bushes every of their society inside six weeks.
The court docket additionally directed them to acquire a certificates from the society secretary, stating that they’ve planted the bushes, and place the identical earlier than the excessive court docket inside eight weeks, failing which the order quashing the FIR shall stand recalled and the plea shall be dismissed.