Court quashes case against two army officers

June 13th, 2012 - 7:43 pm ICT by IANS  

New Delhi, June 13 (IANS) The Delhi High Court Wednesday quashed a police complaint against two Army officers for causing injuries to two civilians last year and told them to pay Rs.25,000 each as cost after the parties settled the issue out of court.

Justice Kailash Gambhir said: “Considering the fact that an amicable settlement has been arrived between the parties, I quash the FIR (first information report), however, cost of Rs.25 000 is imposed on each petitioner.”

The court quashed the FIR lodged at Amar Colony Police Station in south Delhi and also directed the officers to pay the amount which would be deposited with the advocates’ welfare fund.

On Dec 18, 2011, the two officers had gone to drop their friend in Amar Colony. The complainants allegedly passed lewd comments against their friend to which the officers objected and this led to the quarrel.

The court’s order came after it was informed by counsel of the parties that both the parties had reached an out-of-court settlement June 1 and the complainants did not want to pursue the litigation.

Justice Gambhir accepted the public prosecutor’s argument: “The court should impose cost on them for quashing of the FIR as the charge sheet was filed in April by police and the government machinery was used in the case.”

The counsel appearing for the accused submitted that these two officers were young and this case would cast a stigma to their career.

Senior advocate Rakesh Tikku appearing for the young officers urged the court to quash the criminal proceedings arising out of the FIR.

He said that with the intervention of family members and well wishers, the accused as well as the complainants had settled the issue.

“In case the proceedings in the lower court would 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,” he said.

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