The Delhi High Court in its order dated September 26, 2023 quashed an FIR after the accused and the alleged victim ‘mutually settled’ the matter.
Since the case was being quashed, the High Court ordered all three accused men to arrange ‘Delhi Darshan’ (city tour of Delhi) for senior citizens residing in an old age home in the capital.
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Case:
In 2020, the alleged victim registered a case under Section 354 (outraging modesty of a woman), 354B (assault or use of criminal force to woman with intent to disrobe), 341 (wrongful restrain), 506 (criminal intimidation), 509 (insulting modesty of woman) and 34 (common intention) of Indian Penal Code, 1860 against three men.
However, in 2023, the petitioners (accused) approached court along with the complainant woman seeking to quash the said FIR.
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The complainant informed the High Court that the parties had entered into a settlement deed earlier in August and thus she had voluntarily settled all disputes with the accused.
The woman also confirmed that she did not wish to pursue the criminal proceedings against the accused further and had no objection to the quashing of the FIR.
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Delhi High Court
Justice Saurabh Banerjee heard the matter and quashed the FIR referring to the settlement between parties. The High Court noted:
In view of the fact that the settlement has been arrived at between the parties, and as the respondent no.2 does not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes, and following the law laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.
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The Delhi High Court then went on to instruct the accused to organise city tour for senior citizens. While instructing the accused to organise a 4-hour Delhi Darshan tour for senior citizens, Justice Banerjee ordered:
Needless to say, the petitioners have also mentioned that they shall take all precautions by making all necessary arrangements qua food and water at the time of their journey for Delhi Darshan and the senior citizens shall be accompanied by a Medical Attendant, to be arranged by the petitioners, who shall not forget to carry along the necessary medicines and medical kits at the said time.
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