Delhi High Court Quashes FIR In POCSO Case, Asks Accused To Pay ₹50K Costs And Do Community Service In Govt Hospital
While quashing a POCSO case, the Delhi High Court has directed the accused to do community service for a month at Lok Nayak Jai Prakash Narayan Hospital while also asking him to pay Rs. 50,000 costs to be deposited towards “Army Welfare Fund Battle Casualties.”Justice Sanjeev Narula quashed the case against the man accused of harassing a minor school going girl through exploitation. While...
While quashing a POCSO case, the Delhi High Court has directed the accused to do community service for a month at Lok Nayak Jai Prakash Narayan Hospital while also asking him to pay Rs. 50,000 costs to be deposited towards “Army Welfare Fund Battle Casualties.”
Justice Sanjeev Narula quashed the case against the man accused of harassing a minor school going girl through exploitation.
While the Court was not inclined to quash the FIR in a perfunctory manner initially, however, after a detailed and careful interaction with the Complainant and her mother, the Court noted that they had consciously chosen to move on from the incident.
“They expressed that the Complainant is currently exploring matrimonial prospects, and that the pendency of a criminal case may result as a serious impediment to her future opportunities and personal relationships. Her mother specifically submitted that ongoing criminal proceedings of this nature are likely to create social stigma and could undermine the family's efforts to secure a suitable match for the Complainant,” the Court said.
The FIR was registered for the offences under Sections 354, 354C, 506, 509, 384 and 34 of the Indian Penal Code, 1860, and Section 12 of the Protection of Children from Sexual Offences Act, 2012.
A Settlement Deed was entered into between the parties as per which the complainant voluntarily resolved all her disputes with the accused and agreed to give no-objection to the quashing of the FIR. It was recorded that she had neither received any monetary compensation from the accused, nor intended to claim any.
The Court said that ordinarily, allegations of such nature, particularly those involving the sexual harassment of a minor, would not merit quashing. However, it added, that the law is equally cognizant of the victim's right to privacy, dignity, and closure.
It added that the allegations pertain to a deeply troubling pattern of coercion and intimidation directed at a school-going minor, including threats to publicly disseminate her private photographs in exchange for money.
The Court said that such behaviour, if true, reflects a gross misuse of digital platforms and an alarming disregard for consent and personal dignity.
“Nevertheless, the Complainant has unequivocally expressed her desire to move on from this chapter, and has articulated social and emotional burden that the continued pendency of this criminal case may place upon her, particularly in the context of her future prospects, including marriage,” it said.
While quashing the FIR, the Court said that the accused shall remain bound by the terms of the settlement as well as the undertaking furnished before the Court.
“In the event that the aforementioned photographs resurface in any form or medium, the Complainant shall be at liberty to seek revival of the FIR and pursue such remedies as available in law,” it concluded.
Title: ZIHAD AHMED v. STATE NCT OF DELHI AND ANR