While dismissing a petition seeking quashing of an FIR on the strength of a compromise, the Delhi High Court was of the opinion that the offence committed by the petitioner was an offence against the society at large and it did not just affect the complainant.
The Bench of Justice Mukta Gupta said,
"The nature of the 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."
By this petition, the petitioner sought to quash of FIR under Sections 354(A)/ 354(D)/ 341/ 506/ 507/ 509 IPC registered on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have entered into a settlement.
The complainant alleged in the FIR that the petitioner was forcefully trying to establish a relationship with her while she was a student, and owing to his continued harassment, the complainant's mother asked the petitioner's family to intervene. Thereafter, the complainant got married and after 15 years of her marriage, she started receiving calls from the petitioner. He threatened to throw acid on her, he shared her mobile number with random people who used to show up at the complainant's house asking her to have physical relationships with them.
Thus, the complainant filed the said FIR. After the investigation, the charge sheet in the above-noted FIR was filed and the petitioner claimed that now the petitioner settled the matter with the complainant vide the compromise deed. The petitioner's counsel contended that the petitioner has reformed.
The Court, however, observed at the outset that 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 the 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 could not be said to be a personal dispute not affecting the society at all.
Considering the nature of allegations, the Court did not find it a fit case for quashing the FIR in question on the basis of the compromise arrived at between the parties.
The petition was dismissed.
Case Details
Case Name: MOHD. NAZIM V. THE STATE (G.N.C.T. OF DELHI) & ANR.
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