"Can't Be Let Off Only Because Of Compromise, Has To Atone For Sin Of Harassing A Lady": Delhi High Court Directs Man To Do Community Service

The Delhi High Court has directed a man, accused outraging modesty of a woman, to do community service for a month observing that he cannot be let off simply because of a compromise with the complainant and that he has to atone for his sin of harassing a lady.

Justice Subramonium Prasad directed the man to do community service at Dr. Ram Manohar Lohia Hospital for a period of one month from February 10 to March 11, 2022. The Court also directed the man to deposit a sum of Rs.50,000 with the "Armed Forces Battle Casualties Welfare Fund" within three weeks.

"The petitioner has to be made to atone for his sin of harassing a lady. The petitioner must realize that he cannot take the Court for granted and that the offence committed by him for outraging the modesty of a women can be compromised and the petitioner will be let off. This Court is, therefore, inclined to impose cost on the petitioner so that the petitioner does not repeat such kind of offences in future," the Court said.

It added "The petitioner cannot be let off only because the complainant/respondent No.2, for whatever reasons, has decided to enter into a compromise with the petitioner."

A plea was filed by the man seeking quashing of an FIR registered under sec. 452, 354, 354A/l and 354D of IPC on the ground that the parties had entered into an amicable settlement.

It was alleged that the petitioner had molested and outraged the modesty of the complainant and that he has harassed her by sending messages and making phone calls, and also threatened her with dire consequences.

During the course of hearing, the parties undertook that they will remain bound by the terms of the settlement arrived at between them before Delhi Mediation Centre.

"Resultantly, the FIR No.94/2015 dated 04.02.2015, registered at Police Station Pandav Nagar for offences under Sections 452/354/354A/354D IPC, 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.

The Court added that after completion of one month, a certificate from the Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi, be also filed to show compliance of the order.

"In case of any absenteeism/default or any misbehaviour on the part of the petitioner, the same shall be conveyed immediately by the Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi, to the concerned SHO, who shall in turn inform the learned APP for the State, for bringing the same to the notice of the Court and for seeking recall of the orders passed today," the Court ordered.

Accordingly, the plea was disposed of.

Case Title: CHANDAN SINGH @CHINTU v. THE STATE AND ANR.

Citation: 2022 LiveLaw (Del) 116

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