The Delhi High Court quashed an FIR where the accused was booked for outraging the modesty of a woman, as the complainant said she did not wish to pursue the matter. The bench of Justice Subramonium Prasad held that the complainant was firstly harassed by the petitioner, and now she is being further harassed in the proceedings initiated against the petitioner. Hence, the FIR was quashed and the court directed the petitioner to do community service to “atone for his sins”.

The complaint was registered in July 2020 that the petitioner had held the hand of the complainant and twisted it and further, hit her on the face and also hit her with his bag. When people started gathering there, he ran away. An FIR was lodged under sections 354 (assault on woman with intent to outrage her modesty) and 506 (criminal intimidation) under the Indian Penal Code.

The complainant appeared before the court and submitted that she did not wish to pursue the matter further in a petition filed by the accused to quash the FIR. The court observed that the complainant is the ultimate sufferer; she was harassed by the petitioner and she is being further harassed in the proceedings initiated against the petitioner.

The court relied upon Gian Singh v. State of Punjab while quashing the FIR which highlighted the inherent powers of a High Court under section 482 of CrPC and observed that the same may be exercised to secure the ends of justice or to prevent abuse of process of any court.

The court held that the petitioner had acted in a very high handed manner, and CCTV footage also showed that the offences were committed but since the complainant does not want to pursue the complaint it would be futile to continue with the prosecution. The court stated that looking at the facts, the court was inclined to direct the petitioner to do some social service to atone for his sins and was warned to not repeat such actions in the future.

The court thus directed the petitioner to do one month community service at the de-addiction Centre run by the Society for Promotion of Youth & Masses Centre, for the month of April. The court also imposed a cost of Rs. 1 lakh upon the petitioner and divided the sum to be paid as Rs. 25,000 to DHCBA Lawyers Social Security and Welfare Fund; Rs. 25,000 to Nirmal Chhaya Foundation and Rs. 50,000 to Army Welfare Fund Battle Casualties.

The court further directed that the receipts for the payments be submitted within 3 weeks to the Registry and at the end of April, a certificate be filed by the Society for Promotion of Youth & Masses Centre to show compliance and in case of default/misbehaviour from the petitioner, the same shall be informed to the SHO and eventually the court so that this order may be recalled.

The complete order may be read here:

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