The Delhi High Court has quashed the FIR registered under the POCSO Act and various IPC sections against a man accused of sexually assaulting a minor student. While granting the relief, the court also imposed a fine of ₹50,000 on the accused, the fine to be paid to the Army Welfare Fund Battle Casualties. Additionally, the accused has also been directed to perform one month of community service at the Lok Nayak Jai Prakash Narayan Hospital.
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Justice Sanjeev Narula, who is presiding over the case, said the FIR contained charges under Sections 354, 354C, 506, 509, 384 and 34 of the Indian Penal Code, 1860, as well as Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Initially, the court was hesitant to quash the FIR due to the nature of the allegations. However, after discussing the matter in detail with the complainant and her mother, the court observed that both had decided to move on from the incident.
"They submitted that the complainant is currently exploring matrimonial prospects, and the pendency of the criminal case may cause serious hindrance to her future opportunities and personal relationships," the court said.
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The complainant's mother further submitted that the pending criminal case may lead to social stigma, possibly affecting the family's efforts to secure a suitable marriage proposal for their daughter.
As per the settlement deed submitted before the court, the complainant voluntarily settled the matter and did not object to quashing the FIR. It was also clarified that she had not received any monetary compensation and had no intention of claiming the same.
Despite the serious nature of the allegations, which include pressurising and threatening to release private photographs of the complainant in exchange for money, the court observed that the FIR was dismissed with costs. The Court acknowledged:
“The law is equally conscious of the victim’s right to privacy, dignity and closure.”
Justice Sanjeev Narula said that such acts, if proven, would reflect a disturbing misuse of the digital platform and a serious violation of consent and dignity.
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“Nevertheless, the complainant has clearly expressed her desire to move on from this chapter, and has articulated the social and emotional burden that the pendency of this criminal case may place on her, particularly with reference to her future prospects, including her marriage.”
The Court stressed that the accused must abide by the terms of the settlement and the undertaking given to the Court.
“If the aforesaid photographs resurface in any form or medium, the complainant will be at liberty to re-initiate the FIR and pursue remedies available in law,” the Court concluded.
Title: ZIHAD AHMED v. STATE NCT OF DELHI AND ANR