Delhi High Court Takes Exception To Use Of Expression "Haath Mara" In Assault FIR Lodged By Woman

The Delhi High Court has taken exception to the use of expression "haath mara" by Police in every assault related FIR lodged by an Event Manager.

The Court was considering a Writ Petition seeking quashing of an FIR registered under Sections 115(2), 126(2), 74, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The bench of Justice Neena Bansal Krishna remarked,"It is unfortunate that in every FIR under Section 354, typically the words “haath mara” is being written, which is not being endorsed by the Complainant. It is gross misuse of the Law and requires introspection at the level of the Police Stations."

The Petitioner was represented by Advocate Rajeev Kumar, while the Respondent was represented by Standing Counsel Sanjay Lao.

The case pertained to the assault of an event Manager by people under the influence of alcohol. However, they eventually amicably settled all the disputes and differences between them.

The Court quashed the proceedings based on the Settlement and directed the DCP to ensure that no conjured averments not stated by the Complainant are inserted in the Complaint. 

Cause Title: Tenzin Youten & Anr. v. The State of NCT of Delhi And Anr.

Appearances:

Petitioner- Advocates Rajeev Kumar and Priya Singh

Respondent- Standing Counsel Sanjay Lao, Advocate Jitendra Tomar

Click here to read/ download Order