MUMBAI: Bombay high court recently directed a first informant who alleged rape and the accused, both to do six months of social service as a condition to quash the rape case.
The complainant said in court that she had filed the FIR in 2020 on a misunderstanding after the two found they were incompatible and their relationship was not heading to any commitment.
The HC bench of Justices Prasanna Varale and S M Modak on March 22 accepted her no objection to quashing of the FIR but said it was contingent on the two of them satisfactorily completing community services, each at different institutions.
The accused had through his counsel Abhinav Chandrachud and advocate Prem Pandey sought quashing of the First Information Report (FIR). Advocates Sanrish Shetye and Khushboo Pathak for the woman said she consented to dropping her case.
The HC said for reasons to be recorded separately the quashing plea is granted.
The court directed the accused do social services every 2nd and 4th Saturdays of each month for a period of 6 months at Baal Welfare Children Trust, in Chembur while the complainant has to also undertake social services on every 2nd and 4th Saturdays each month similarly for six months at Maru Ghal, Gorai , Borivali (W).
The HC directed the heads of both the institutions to assign them appropriate works and issue certificates once the community service is rendered and completed “satisfactorily”.
Failing to do produce such certificate would mean that the order quashing FIR shall stand recalled automatically and application shall stand dismissed automatically too said the HC.
