The Punjab and Haryana High Court has firmly stated that the offence of outraging the modesty of a woman in a public place is a serious and non-compoundable offence, even if the punishment under Section 354 of the Indian Penal Code (IPC) is not of the highest degree.
"Such offences affect public at large, and not just the individual involved," said Justice Jasgurpreet Singh Puri.
In this case, three young men filed a petition seeking quashing of an FIR registered against them under Sections 354 and 323 of the IPC. The incident occurred during a Dussehra program in a public area. According to the complaint, a group of 8–10 boys, including the petitioners, attempted to outrage the modesty of a woman who was accompanied by her husband. When the husband objected, one of the petitioners allegedly struck him on the head with a metal bracelet (kara), causing a bleeding injury.
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The petitioners argued that the matter had been compromised between the parties, and since the investigation was complete and the challan had been presented in court, the FIR should be quashed.
"There is no absolute right to quash an FIR on the basis of compromise. Each case must be examined based on its own facts," the Court emphasized.
Justice Puri noted that while the law allows for FIRs to be quashed in matters of private or minor offences, such as matrimonial disputes, financial issues, or commercial disagreements, the same cannot apply in offences that impact the public or involve violations of women's dignity in public places.
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“Even if the punishment under Section 354 IPC ranges from one to five years, the offence remains serious due to its nature and context,” the Court clarified.
The Court further observed that the incident occurred in a public setting, during a major cultural event, and that the actions of the accused reflected a disregard for the safety and dignity of women in society.
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Ultimately, the High Court dismissed the petition, reinforcing that public offences, especially those involving a woman’s dignity, cannot be brushed aside merely due to private settlement.
"Courts must handle such matters with extreme care and seriousness, keeping in mind the larger impact on society,” the judge concluded.
Advocate Pranshul Dhull appeared on behalf of the petitioners.
Case Titled: XXX v. State of Punjab and Another [CRM-M-25919-2025]
