Delhi HC Orders One Month of Community Service at Gurudwara Rakab Ganj Sahib After Quashing 2014 Assault Case

Delhi HC Orders One Month of Community Service at Gurudwara Rakab Ganj Sahib After Quashing 2014 Assault Case

The Delhi High Court has dismissed a 2014 case involving two men accused of assaulting and outraging the modesty of a woman, following a settlement between the parties.

The court has ordered the men to complete one month of community service at Gurudwara Rakab Ganj Sahib in the city.

The bench headed by Justice Subramonium Prasad also imposed a fine of Rs. 25,000 on each of the accused to deter future offenses. The amount is to be deposited with the Armed Forces Battle Casualties Welfare Fund.

“The Petitioners have to atone for their sins and must realize that they cannot take the Courts for granted and that the offence committed by them for outraging the modesty of a women cannot be compromised and the Petitioners will be let off,” the court said.

The court also directed the accused to plant and care for 20 trees each in their locality. Additionally, the court disposed of the plea filed by the accused seeking to quash the FIR registered by the woman's husband in 2014. The FIR alleged that the two men had assaulted the husband and used offensive language towards the wife. The accused sought the quashing of the case based on an amicable settlement reached with the complainants.

The FIR was registered for the offences under Sections 323 (punishment for voluntarily causing hurt), 354 (assault or criminal force to woman with intent to outrage her modesty), 506 (criminal intimidation, 509 (word, gesture or act intended to insult modesty of a woman) and 34 (common intention) of Indian Penal Code, 1860.

In reviewing the FIR, the court noted that the accused had assaulted the woman and used filthy and vulgar language against her. Consequently, the court determined that the accused could not be excused from accountability merely because a settlement had been reached.

The court ordered the two men to do community service at the gurudwara from August 01 to August 31.

“The Petitioners shall perform such duties assigned to them at Gurudwara Rakab Ganj Sahib from 09:00AM everyday for a period of one month and shall obtain a certificate from the Gurudwara Rakab Ganj Sahib after the completion of one month which shall also be filed to show compliance of the order of this Court,” the court said while disposing of the plea.

Case Title: SAURAV PORWAL & ANR. V. THE STATE & ANR.

 

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