The High Court of Delhi has dismissed a case against a 61-year-old man who had been accused of outraging a woman's modesty, following a mutual settlement between the parties involved. As part of the agreement, the man was tasked with planting 30 trees.
In response to the accused's plea to quash the FIR filed under IPC Section 354 (pertaining to assault or criminal force against a woman with the intent to outrage her modesty), Justice Anoop Kumar Mendiratta remarked that with the resolution reached between the parties, prolonging the legal proceedings would serve no constructive purpose.
The judge emphasized that continuing the case would amount to an abuse of the court's process, considering the amicable resolution achieved outside of the courtroom.
"Consequently, FIR under sections 354 IPC registered at police station Vasant Kunj, South, & proceedings emanating therefrom stand quashed," the court in an order passed last month.
"Instead of imposing the costs upon the petitioner, he is directed to plant 30 saplings of trees, which are up to three feet in height in the local part or in the area of P.S. Vasant Kunj, South after getting in touch with the competent authority...," it ordered.
The court further stipulated that the maintenance of the saplings would be the responsibility of the relevant authorities. Additionally, if the directions regarding the planting of trees were not followed, the petitioner would be required to pay a fine of Rs 30,000 to the Delhi State Legal Services Authority.
The incident dates back to November 2016 when the woman accused the petitioner of outraging her modesty.
The petitioner informed the court that the FIR had been filed due to certain misunderstandings, which have since been resolved amicably.
The court noted that severe and grave offenses, such as those involving extreme mental depravity, or crimes like murder, rape, and dacoity, cannot be dismissed solely based on a settlement between the parties. However, offenses primarily centered around civil disputes or minor incidents, where the complainant or victim has been adequately compensated, present a different scenario and may be considered for quashing.
Following discussions with both parties involved, the court noted their mutual desire to bring an end to the legal proceedings. The settlement was seen as a means to foster harmony between them and enable them to progress in their lives.
Furthermore, the court highlighted that the likelihood of conviction appeared slim in light of the amicable resolution reached between the parties.
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