4 days ago
Quashing Pocso FIR, Delhi High Court directs accused to do community service at hospital
The Delhi High Court recently quashed an FIR under the Protection Of Children from Sexual Offences (Pocso) Act but expressed its 'disapproval' of the conduct of the accused and directed him to do community service 'as a measure of accountability and reflection'.
Justice Sanjeev Narula quashed the FIR after an 'amicable resolution' of the case involving alleged harassment and exploitation of a minor girl. The court ordered the accused to perform community service at Lok Nayak Jai Prakash Narayan Hospital from June 1 to 30, where he will be instructed and assigned duties by the medical superintendent.
'In the event of any absenteeism, default, or misconduct on the part of the Petitioner during the course of the community service, the same shall be immediately reported by the Medical Superintendent to the concerned SHO, who shall, in turn, inform the APP for placing the matter before this Court and seeking appropriate orders, including revival of the FIR,' the court further directed.
The court recorded that it is quashing the FIR 'solely out of deference to the express wishes of the Complainant and in the interest of her privacy'.
This was after the complainant informed the court that she is currently exploring matrimonial prospects and wants to move on from the incident, further stating that a pending criminal case may pose a serious impediment to her future opportunities and personal relationships, as well as causing social stigma.
As per the case, in 2017, the complainant shared private photographs with the accused. After they stopped communicating, the accused allegedly began demanding money from the complainant in February 2018, threatening to make the photographs public if their demands were not met. These demands continued until August 2019, when the complainant filed an FIR and a chargesheet was later filed in the case.
The two subsequently 'amicably resolved their disputes' and signed a settlement deed in May this year, with the complainant agreeing to the quashing of the FIR.
Justice Narula reasoned, 'The facts narrated disclose a pattern emblematic of the darker undercurrents of the social media age, where technology is misused to exert control, induce fear, and compromise dignity. Considering this, at the outset, the Court was not inclined to quash the FIR in a perfunctory manner… In the present case, bearing in mind the overarching aim of facilitating rehabilitation and the Complainant's express wish to put the matter behind her, the Court is of the view that no larger public interest would be compromised by allowing the petition.'
Recording its disapproval of the conduct of the accused, the court noted that the allegations pertain to a deeply troubling pattern of coercion and intimidation directed at a school-going minor, including threats to publicly disseminate her private photographs in exchange for money.
'Such behaviour, if true, reflects a gross misuse of digital platforms and an alarming disregard for consent and personal dignity. Nevertheless, the Complainant has unequivocally expressed her desire to move on from this chapter, and has articulated social and emotional burden that the continued pendency of this criminal case may place upon her, particularly in the context of her future prospects, including marriage,' the court recorded.
The court, however, left it open for the complainant to revive the FIR.
