The Delhi High Court has quashed an FIR registered at Police Station Vikaspuri, Delhi for offences under Sections 354 and 506 of the Indian Penal Code on the ground that the complainant and the petitioner have amicably settled the matter.
While delivering order, Justice Subramonium Prasad imposed a fine of Rs 1 lakh on the accused and also directed him to do one-month community service at Society for Promotion of Youth and Masses Centre.
The petitioner in this case has filed this petition with the prayer that the High Court shall exercise its inherent powers under Section 482 of the Code of Criminal Procedure and quash the concerned FIR against the accused as the matter has been settled between the accused and the complainant.
The complaint was filed against the accused on July 15, 2020 by the complainant under Sections 354 (assaulting a woman with the intention of outraging her modesty) and 506 (criminal intimidation) of the Indian Penal Code. It was alleged that the accused had constantly tried to speak to the complainant even though she had explicitly stated that she wasn’t interested.
The accused had then hit the complainant on the face and had twisted her hands, although the complainant had retaliated by hitting the accused back as well. When she started shouting, the public started gathering around them and the accused ran away. The accused was then arrested on July 21, 2020 and then charged under Sections 354 and 506.
If the parties have compromised and settled the matter amongst themselves in the given facts and circumstances then the courts have the power to quash the complaint otherwise it will cause a prejudicial effect on the accused and would lead to grave injustice to the accused.
The High Court stated that since the complainant doesn’t want to pursue the matter further, continuing the prosecution would be futile.