While quashing a POCSO case, the Delhi High Court has
directed the accused to do community service for a month at Lok Nayak Jai
Prakash Narayan Hospital while also asking him to pay Rs. 50,000 in costs to be
deposited towards the “Army Welfare Fund Battle Casualties.”
Justice Sanjeev Narula quashed the case against
the man accused of harassing a minor school-going girl through exploitation.
While the Court was not inclined to quash the FIR in a
perfunctory manner initially, however, after a detailed and careful interaction
with the Complainant and her mother, the Court noted that they had consciously
chosen to move on from the incident.
“They expressed that the complainant is currently exploring
matrimonial prospects and that the pendency of a criminal case may result in a
serious impediment to her future opportunities and personal relationships. Her
mother specifically submitted that ongoing criminal proceedings of this nature
are likely to create social stigma and could undermine the family's efforts to
secure a suitable match for the complainant,” the court said.
The FIR was registered for the offenses under Sections 354,
354C, 506, 509, 384, and 34 of the Indian Penal Code, 1860, and Section 12 of
the Protection of Children from Sexual Offences Act, 2012.
A settlement deed was entered into between the parties, as
per which the complainant voluntarily resolved all her disputes with the
accused and agreed to give no objection to the quashing of the FIR. It was
recorded that she had neither received any monetary compensation from the accused nor intended to claim any.
The court said that ordinarily, allegations of such a nature, particularly those involving the sexual harassment of a minor, would not merit
quashing. However, it added that the law is equally cognizant of the victim's
right to privacy, dignity, and closure.
It added that the allegations pertain to a deeply troubling
pattern of coercion and intimidation directed at a school-going minor,
including threats to publicly disseminate her private photographs in exchange
for money.
The court said that such behavior, if true, reflects a
gross misuse of digital platforms and an alarming disregard for consent and
personal dignity.
“Nevertheless, the Complainant has
unequivocally expressed her desire to move on from this chapter and has
articulated the social and emotional burden that the continued pendency of this
criminal case may place upon her, particularly in the context of her future
prospects, including marriage,” it said.
While quashing the FIR, the court said that the accused
shall remain bound by the terms of the settlement as well as the undertaking
furnished before the court.
“In the event that the aforementioned photographs resurface
in any form or medium, the Complainant shall be at liberty to seek revival of
the FIR and pursue such remedies as are available in law,” it concluded.
Title: ZIHAD AHMED v. STATE NCT OF DELHI AND ANR
