Accused Cannot Be Left Scot Free Only Because Complainant Agreed For Settlement: Delhi HC Imposes Community Service, ₹25K Costs On Man Accused Of Sending Obscene Messages

A criminal case was filed against an individual in 2014 accused of sending obscene messages to a woman. The complainant later confirmed that she had resolved the matter voluntarily and without coercion. She expressed no desire to pursue the case further.

A Bench of Justice Subramonium Prasad said, “this Court is of the opinion that the Petitioner cannot be left scot free only because the Respondent No.2/complainant has decided to enter into a settlement with the Petitioner. The Petitioner has to atone for his sins and must realize that he cannot take the Courts for granted and the Petitioner cannot get a feeling that he could get away with the crime by entering into a settlement with the victim.”

The Court ruled in favor of quashing the FIR under Sections 509 of the Indian Penal Code and 67A of the Information Technology Act, based on the amicable resolution of the dispute between the accused and the complainant.

As part of his sentence, the accused has been directed to undertake three months of community service. This includes one month each at an old age home, LNJP Hospital, and an orphanage, from September 9 to November 30. Additionally, the court mandated that he plant and nurture 50 trees in his locality at his own expense.

The Court added, “This Court is, therefore, inclined to impose costs of Rs.25,000/- on the Petitioner so that the Petitioner does not repeat such kind of offences in future. Accordingly, the Petitioner is directed to deposit a sum of Rs.25,000/- with the “Armed Forces Battle Casualties Welfare Fund” within four weeks from today. A copy of the receipt be given to the Investigating Officer and also be filed with the Registry of this Court to show compliance of the Order within four weeks thereafter.”

The Court stated that this penalty was intended to ensure that the accused understands the gravity of his actions and to deter any future offenses.

Cause Title: Chiraguddin v. State Govt. Of NCT Of Delhi & Anr.

Appearance:

Petitioner: Advocates Md. Rashid, S.P. Sharma, Md. Shamin, Nargis Jahan

Respondents: Tarang Srivastava, APP for the State; Advocate Asif Ahmad Siddique