"Serious Assault On Dignity Of Complainant": Delhi HC Refuses To Quash FIR Of Stalking, Sexual Harassment Despite Settlement Between Parties

The Delhi High Court has refused to quash an FIR filed against a man accused of stalking, sexual harassing and circulating morphed photographs of an undergraduate girl, despite settlement between parties.

Considering the nature of offences committed against the girl, Justice Mukta Gupta was of the view that the FIR cannot be quashed merely on the ground that the man later showed repentance for the offences committed as the same was a "serious assault on the fundamental right to live with dignity of the complainant."

"Considering the fact that the petitioner not only used to stop, harass, stalk and threaten the complainant but also circulated her morphed photographs on V-Chat, resulting in number of people visiting her place asking about illegal favours from her on payment of money, the alleged offences committed by the petitioner against the complainant cannot be said to be a personal dispute not affecting the society at all," the Court said.

The FIR was registered under sec. 354(A), 354(D), 341, 506, 507 and 509 of IPC. The allegations in the FIR were that when the girl used to go for coaching, the petitioner who was also taking coaching, followed her and offered her for friendship. When she refused, he started pressurizing her to have friendship with him and thus the complainant informed about this to her mother.

It was stated that the petitioner used to stop her while the complainant used go to her job. After revealing this to her mother, her mother went to the house of the petitioner and complained to his parents who assured that no such incident will take place in future.

It was alleged that after the complainant got married, she was harassed by the petitioner and kept extending threats. It was alleged that complainant that many persons started visiting her house and pressurized her to open the door, claiming that they had come from V-Chat as the petitioner had called them.

When several people started visiting the house of the complainant, showing her morphed pictures on V-Chat Site, the complainant was constrained to lodge the FIR against the petitioner.

However, it was claimed that the matter was settled with the complainant vide the compromise deed dated 7th January 2022.

The counsel appearing for the petitioner stated that the petitioner was l repentant and had reformed. 

"The nature of offence committed by the petitioner against the complainant cannot be quashed merely on the ground that the petitioner now shows repentance as the offence committed is a serious assault on the fundamental right to live with dignity of the complainant," the Court said at the outset.

Accordingly, the plea was dismissed.

Case Title: MOHD. NAZIM v. THE STATE (G.N.C.T. OF DELHI) & ANR.

Citation: 2022 LiveLaw (Del) 60

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