Stay updated with the latest - Click here to follow us on Instagram
© The Indian Express Pvt Ltd
Tags:
Journalism of Courage
The Delhi High Court last month quashed two FIRs related to outraging the modesty of a woman, among other charges, and directed the accused in both cases to perform community service at hospitals across the national capital.
In the first instance, the Delhi High Court quashed a 2019 FIR where a woman had accused her neighbour of following and harassing her for two years, including verbal and physical abuse.
On September 16, the complainant told Justice Sanjeev Narula that she has now “amicably resolved” the dispute with the accused and that she has no objection to the quashing of the FIR.
The complainant also told the court that the accused, who was booked under Indian Penal Code sections 354A and 354D (outraging modesty of a woman) and 323 (voluntarily causing hurt), is now married and has ceased contact with her. She said that she too was in the process of finding a suitable matrimonial alliance, “and does not wish for the pendency of the present FIR to hinder her future prospects”.
Justice Narula imposed a cost of Rs 10,000 on the accused, to be deposited with the Delhi Welfare Fund, “since the State machinery was set in motion based on the impugned FIR”. Further, taking into account the “nature of allegations”, the court directed the accused to undertake community service “as a measure of accountability and reflection”.
To this extent, the court directed the accused to perform one month of community service at Lok Nayak Jai Prakash Narayan Hospital from November 1 to November 30 and upon completion of the said period, “a certificate confirming the completion of community service shall be issued by the Medical Superintendent…”.
Similar verdict in a case involving a school teacher
In another court order from September 18, quashing a 2012 FIR where five people were accused of subjecting a school teacher to sexual harassment, using abusive language and criminal intimidation while she was taking a class at a school, and outraging her modesty, the court ordered the accused to perform community service at various hospitals.
Justice Ajay Digpaul, noting that the accused and the complainant have “settled their disputes amicably and are now moving forward towards a peaceful and harmonious future”, however, noted that “ordinarily, allegations of such a nature would not warrant quashing of FIR” and that the nature of allegations was “grave”.
“The allegations, as borne out from the record, are indeed grave, particularly as they pertain to acts committed within the precincts of an institution which is regarded as a temple of learning, where education, morals and values are imparted. Parents repose their faith by sending their children to such institutions to be nurtured in the path of knowledge and righteousness. The act, as alleged, assumes greater seriousness for the reason that it is committed upon a person who himself/herself is the imparter of education,” the court recorded while also noting that the complainant has “unequivocally expressed her desire to forgive, not to pursue the matter further, and to move on with her life”.
Directing two months’ community service on every weekend for each of the five accused while quashing the FIR, the court assigned them to serve in various hospitals in Delhi, including Lok Nayak Hospital, Atal Bihari Vajpayee Institute of Medical Sciences and Dr Ram Manohar Lohia Hospital, All India Institute of Medical Sciences, Vardhman Mahavir Medical College and Safdarjung Hospital, and Deen Dayal Upadhyay Hospital.
Stay updated with the latest - Click here to follow us on Instagram
