Delhi High Court Quashes FIR Against Man Accused Of Sending Obscene Messages To Woman, Asks Him To Do Community Service For Three Months

While quashing a 2014 case registered against a man for allegedly sending obscene messages to a woman after settlement with her, the Delhi High Court has recently directed the man to do community service for three months in order to “atone for his sins.”

Justice Subramonium Prasad directed the man to do one month of community service each in an old age home, LNJP hospital and an orphanage respectively, from September 09 to November 30.

The court also directed the accused to plant 50 trees at his own expense in his locality and nurture them.

Justice Prasad said that the accused must realize that he cannot take the Courts for granted and that he cannot get a feeling that he could get away with the crime by entering into a settlement with the victim.

“This Court is, therefore, inclined to impose costs of Rs.25,000/- on the Petitioner so that the Petitioner does not repeat such kind of offences in future. Accordingly, the Petitioner is directed to deposit a sum of Rs.25,000/- with the “Armed Forces Battle Casualties Welfare Fund” within four weeks from today,” the court said.

It quashed the FIR registered against him in 2014 for the offence punishable under Section 509 (Word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code and Section 67A (Punishment for publishing or transmitting obscene material in electronic form) of Information Technology Act.

The plea for quashing the case was moved by the accused on the ground that the matter was amicably settled between him and the complainant in April. The woman informed the court that she had settled all her disputes with him out of her own free will, without pressure, coercion or undue influence and did not want to pursue the present case any further.

“…in view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR…and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court,” the court said.

Counsel for Petitioner: Md. Rashid, Mr. S.P. Sharma, Md. Shamin, Ms. Nargis Jahan, Advocates

Counsel for Respondents: Mr. Tarang Srivastava, APP for the State, Mr. Asif Ahmad Siddique, Advocate for R-2/Complainant

Title: MR CHIRAGUDDIN v. STATE GOVT. OF NCT OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 866

Click here to read order