New Delhi: The Delhi high court on Friday directed a man accused of accosting and assaulting a woman in a cinema complex to do a month’s community service at a de-addiction centre ‘to atone for his sins’. It also quashed the FIR against the accused, saying it would be “futile to continue with the prosecution” as the two parties had reached a compromise.
However, the single-judge bench of Justice Subramonium Prasad imposed a cost of Rs 1 lakh on the accused, while observing that he had acted in a very high-handed manner.
According to LiveLaw, the woman had lodged a complaint with the police stating that on July 15, 2020 while she was sitting in a multiplex complex, the accused approached her and began talking to her. He boasted that he was a millionaire. Taken aback by this advance, the complainant rebuked him and told him to go away.
Though the accused walked away then, he returned after about 10 minutes and again tried to strike a conversation with the woman. When she again told him to leave her alone, he is alleged to have held her hand and twisted it behind her back. The accused also hit the woman on her face, causing her spectacles to fall. At this, the woman is also reported to have hit back at him with her bag. Later, on her complaint, a case of assault was registered against the accused.
In its order, the court held that the victim was the ultimate sufferer and that she had been harassed by the petitioner. It also observed that she was was being further harassed in the proceedings initiated against the petitioner.
The court also pointed out that there was CCTV footage which showed that the petitioner had committed the offence under Section 354 and 506 IPC.
However, it added that “since the complainant does not want to pursue the complaint it would be futile to continue with the prosecution.”
The court allowed the plea filed before it under Section 482 of the Code of Criminal Procedure (CrPC) for quashing the FIR on the ground that the complainant and the petitioner/accused have amicably settled the matter and that no useful purpose would be served in continuing the proceedings.
However, it directed the petitioner to do some social service to atone for his sins and also warned him not to repeat such actions in the future.
The high court then directed the accused to do a one-month community service from April 1 at the de-addiction Centre run by the Society for Promotion of Youth & Masses Centre.
According to LiveLaw, the Delhi high court had earlier this month directed a 21-year-old to do one-month community service at the Gurudwara Bagala Sahib while quashing the FIR against him on the ground of a compromise being entered between the parties.
The accused had allegedly stated during his interrogation that when he was arguing with his mother, the complainant had slapped him. As he felt insulted, in a fit of rage he had grabbed a knife from a vegetable vendor and stabbed the complainant.
In that case, the HC had quashed the FIR – registered against the accused for attempt to murder – after noting that he was a 21-year-old who had his entire life ahead of him. In that case too, both the parties had entered into a settlement.