New Delhi: The Delhi High Court has quashed a case against a man for allegedly sending obscene messages to a woman with conditions to do three months of community service in a hospital, orphanage and old-age home to “atone for his sins”.
High Court also imposed costs of Rs 25,000 on man
Justice Subramonium Prasad also imposed a cost of Rs 25,000 on the man and directed him to plant 50 trees on his expense in his locality and nurture them.
The man had moved the High Court seeking quashing of a First Information Report (FIR) registered against him in 2014 on the ground that he and the woman have amicably settled their disputes and she has no objection if the case is closed.
The FIR was registered against the man for the offence punishable under section 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC) and section 67A (punishment for publishing or transmitting obscene material in electronic form) of the Information Technology Act.
Petitioner cannot be left scot-free only because complainant has decided to enter into a settlement with him: High Court
“Considering the nature of offence, this court is of the opinion that the Petitioner cannot be left scot free only because the Respondent No.2/complainant has decided to enter into a settlement with the Petitioner. The Petitioner has to atone for his sins and must realize that he cannot take the Courts for granted and the Petitioner cannot get a feeling that he could get away with the crime by entering into a settlement with the victim. This Court is, therefore, inclined to impose costs of Rs.25,000/- on the Petitioner so that the Petitioner does not repeat such kind of offences in future,” Justice Prasad said.
The High Court directed the man to deposit the costs imposed with the Armed Forces Battle Casualties Welfare Fund within four weeks and to give a copy of the receipt to the Investigating Officer (IO) and also file with the Registry of the High Court to show compliance of the order within four weeks thereafter.
Regarding the planting of 50 trees, the High Court directed the Investigating Officer to ensure that the trees are planted by the man and a compliance report regarding the same has also to be filed before the High Court.
High Court directed man to do community service in hospital, orphanage and old-age home
The High Court directed the man to do community service at Jyotiba Phule Old Age Home for Senior Citizens for a period of one month from September 1 to September 30, 2024, to do community service at LNJP Hospital for a period of one month from October 1 to October 31, 2024 and community service at at Udayan Care-Orphanage, Mayur Vihar, for a period of one month from November 1 to November 30, 2024.
The High Court further said that in case of any absenteeism/default or any misbehaviour on the part of the man during the period he has been directed to perform the community service, “the same shall be conveyed immediately to the concerned SHO/IO, who shall in turn inform the learned APP for the State, for bringing the same to the notice of this Court and for seeking recall of the order passed.”
