The Delhi High Court recently comprising of a bench of a Justice Mukta Gupta taking note of the seriousness of the matter despite settlement between parties refused to quash an FIR filed against a man accused of stalking, sexual harassing and circulating morphed photographs of an undergraduate girl.(Mohd. Nazim v. The State (G.N.C.T. OF Delhi) & Anr.)
Facts of the case
The allegations of the complainant in the above-noted FIR were that as an undergraduate girl when the complainant used to go for coaching, the petitioner who was also taking coaching, followed her and offered her for friendship. When she refused his friendship, the petitioner started pressurizing her to have friendship with him and thus the complainant informed about this to her mother. The complainant had to leave her coaching and thereafter, started doing the job of applying mehndi.
Even after the marriage the grievance of the complainant was that many persons started visiting her and pressurized her to open the door of the house, claiming that they had come from V-Chat as the petitioner had called them and that how much she would charge for one hour, whether she is the same person whose photographs had been sent to them and whether she was all alone. When several people started visiting the house of the complainant, showing her dirty pictures on V-Chat Site, the complainant was constrained to lodge the FIR in question against the petitioner.
The present petition was filed by the petitioner seeking quashing 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.
Contention of the Parties
Learned counsel for the petitioner stated that the petitioner is now repentant and has reformed.
Courts Observation and Judgment
The bench at the very outset observed, "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 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 cannot be said to be a personal dispute not affecting the society at all."
The bench taking note of the contention of the parties remarked, "The nature of 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."
The court dismissed the petition remarked that considering the nature of allegations, this Court does not find it a fit case for quashing of the FIR in question on the basis of the compromise arrived at between the parties.
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