Outraging Modesty Of Woman: Delhi High Court Quashes FIR Based On Compromise With Condition That Accused Provide Computers In Two MCD Schools
The Delhi High Court has quashed an FIR filed by a woman, working as a domestic servant in the Petitioner's house who is accused of outraging her modesty, following a compromise between the parties. However, it imposed a condition on the Petitioner to provide two fully functional computers each with printers in two schools run by Municipal Corporation of Delhi (MCD)."I am of the view that...
The Delhi High Court has quashed an FIR filed by a woman, working as a domestic servant in the Petitioner's house who is accused of outraging her modesty, following a compromise between the parties. However, it imposed a condition on the Petitioner to provide two fully functional computers each with printers in two schools run by Municipal Corporation of Delhi (MCD).
"I am of the view that the entire police machinery has been put in motion on account of the acts of commission & omission on behalf of the petitioner and useful time of the police has been invested. The State resources have been unnecessarily overburdened. Hence the petitioner must do some social good for the benefit of the society," Justice Jasmeet Singh observed.
The Court thus directed the standing counsel of MCD to provide particulars of the two schools where the desktops shall be provided. Furthermore, the Court also directed the IO to check the same and file a compliance report.
"In case compliance report is not filed and the desktops are not provided, the Registry is directed to place the file before the Court," the Court said.
The FIR was filed under sec. 354 of the Indian Penal Code by the woman who was working as a house keeper in the house of the petitioner.
It was alleged in the FIR that in April this year, there was a party in the petitioner's house and since it was getting late, she stayed in the servant room.
It was alleged that the petitioner came into the room of the complainant and attempted to hug her and offer her beer.
The Court was informed that both the petitioner and the complainant had entered into a settlement dated June 22, 2022 wherein it was agreed that there was some misunderstanding between the parties which les to registration of the FIR.
It was also agreed that no such incident had taken place and that the misunderstanding was on account of serious language barrier.
In this backdrop, both the parties apprised the Court that they had entered into the settlement out of their own will, volition and without any threat, force or coercion.
"In view of the settlement and for the reasons stated above, FIR No. 113/2022, under Section 354 IPC, registered at Police Station-Defence Colony, District : South Delhi and proceedings emanating therefrom is hereby quashed, subject to the petitioner providing two new fully functional desktop computers each with printers in two MCD schools within two weeks," the Court ordered.
The plea was accordingly disposed of.
Case Title: JAEWOO PARK v. STATE OF NCT OF DELHI & ANR
Citation: 2022 LiveLaw (Del) 708