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Quashing a case of sexual harassment against a man on the grounds of settlement with the victim, the Delhi High Court has asked the accused to undertake community service for one month at a hospital in the national capital.
“The petitioner will place himself at the disposal of the Medical Superintendent of Ram Manohar Lohiya Hospital, New Delhi, for at least four hours a day for a period of one month. The Medical Superintendent may schedule this period any time between 01.06.2022 and 31.08.2022. The petitioner is directed to report to the Medical Superintendent at 11:00 am on 01.06.2022 for this purpose,” said Justice Prateek Jalan in an order.
The petitioner had approached the court seeking quashing of the FIR registered against him at the police station concerned in August 2018. He was accused of having attempted to kiss the complainant, who was working at a facility run by his brother. During the pendency of the case, the victim and the accused agreed to settle the matter. The complainant told the court that the FIR was registered as a “result of misunderstanding between her and the petitioner,” and she does not wish to proceed with criminal proceedings against him now.
Justice Jalan in the order said, “Applying the tests laid down by the Supreme Court and in view of the fact that parties were associated with each other as aforesaid, and that the matter has been resolved between them, I do not consider it necessary to keep the criminal proceedings pending.”
However, the court said that having regard to the “nature of the allegations” against the accused, the order is passed subject to him undertaking community service. As per the order, the petitioner has to file a certificate of the Medical Superintendent regarding compliance with the order, by September 15. “In the event the certificate is not filed, the petition will be placed before the court for further directions,” said the bench.
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