Delhi HC to quash FIR in molestation & stalking case, imposes condition

The High Court quashed the FIR, noting that the woman and the man have voluntarily settled the dispute and she does not wish to pursue the criminal proceedings for the alleged offences.

NEW DELHI: The Delhi High Court has agreed to quash an FIR against a man in a molestation and stalking case while asking his father to arrange free medical checkups for teachers of 10 government schools here by orthopaedic doctors.

The High Court quashed the FIR, noting that the woman and the man have voluntarily settled the dispute and she does not wish to pursue the criminal proceedings for the alleged offences of outraging modesty, stalking and criminal intimidation under the Indian Penal Code and provisions of the Protection of Children from Sexual Offences (POCSO) Act.

Justice Saurabh Banerjee appreciated the effort of the father, the Chief Administrative Officer of the Indian Orthopaedic Association who has willingly offered free check-ups by Orthopaedic Doctors in as many as 10 government schools in the national capital.

The HC noted that the allegations levelled in the FIR were registered as a result of some misunderstandings and personal grudges between the parties and the chances of holding the petitioner as guilty are “very bleak.”

“In the opinion of this Court, looking into the holistic events in its entirety, considering that the present FIR was registered as a result of some misunderstandings and personal grudges between the parties involved herein and their family members as also that a settlement has been arrived at between the parties voluntarily, continuing with the FIR under the existing circumstances will be an exercise in futility, as in view of the current factual matrix involved, the chances of the petitioner being held guilty are very bleak,” the court held.

The FIR in the case has been registered under Section 354 IPC (assaults or uses criminal force to any woman) and under Section(s) 8/12 POCSO Act. In the order, the court said prima facie it has considered the existing peculiar facts and the events unfolding in their entirety, in view of the rare circumstances involved in the case even though it is mindful that the FIR was registered under POCSO and other charges.

“This court is inclined to quash the present FIR in the exercise of its inherent powers under Section 482 Cr.P.C., particularly when in the opinion of this court, the same is in the interest of justice and will also be in the interest of the parties and betterment of their future, as the parties involved herein are young people who are still pursuing their studies and trying to make their respective future careers,” the order said.