The Delhi High Court (File)While quashing an FIR against a car driver who was booked after he allegedly hit a bike rider, the Delhi High Court Thursday directed the accused person to provide food to an orphanage with at least 100 children on two different days.
The FIR was quashed after both parties arrived at a settlement out of their own free will.
A single judge bench of Justice Jasmeet Singh was hearing a petition seeking quashing of the FIR lodged at Hari Nagar police station under Section 308 (attempt to commit culpable homicide) of the IPC, wherein the accused had allegedly hit a man and his brother who were travelling on a bike on September 13.
The parties subsequently settled the matter and a Memorandum of Understanding (MoU) dated September 26 was signed between them, stating that the complainants did not wish to proceed with the FIR any further.
The respondent brothers submitted before the court on Thursday that they had settled the matter out of their own free will and had no objection if the FIR was quashed.
However, Justice Singh was of the view that due to the petitioner’s act, the police machinery had been set in motion, which could have been avoided had the accused been more careful and responsible. The court held that since both the Sessions Court and the High Court spent a considerable amount of time over the matter, “the petitioner must do some social good”.
The court subsequently directed the petitioner to provide “food to an orphanage not having less than 100 children on October 5 and October 24.”
The court also directed the Additional Public Prosecutor to ask the state to identify an orphanage and share its details with the counsel of the petitioner. “The food served should be hygienic, well cooked in a safe environment and all Covid protocols must also be followed,” the court said.
Subject to this direction, the court quashed the FIR registered against the driver and directed his release from jail, indicating that the order will be communicated to the jail superintendent.
The court further directed the driver and investigating officer at Hari Nagar Police station to file a compliance report within six weeks, and in case the same is not filed by November 10, “the registry will put up the file before the court”, the order states.