After the sexual harassment of the girl, both the parties agreed to the agreement, the Delhi High Court reprimanded
The Delhi High Court refused to quash the FIR against a man accused of stalking, sexually assaulting and circulating morphed pictures of the girl despite an agreement between the parties. The court said that the crimes of the accused are not personal but affect the society. At the same time, it is also a serious attack on the fundamental right of the girl to live with dignity. Justice Mukta Gupta said that as a result of the circulation of morphed pictures of the girl on an online platform, several persons sought favors from her for doing “wrongful deeds” by paying her money and hence the FIR cannot be quashed merely on the ground that the petitioner is now showing remorse.
The judge said that keeping in view the nature of the allegations, it is not a fit case to quash the FIR on the ground of compromise. He said, “Keeping in view the fact that the petitioner not only stopped, harassed, intimidated and threatened the complainant, but also circulated her morphed pictures on V-chat, as a result of which a large number of people took money from the girl. Used to inquire about wrongdoing. The alleged offenses committed by the petitioner against the complainant cannot be said to be a personal dispute.” The Court observed, “The nature of the offense committed by the petitioner against the complainant cannot be set aside merely on the ground that the petitioner now shows remorse as the offense committed is a grave assault on the fundamental right of the complainant to live with dignity.” “
Whole matter
The complainant alleged in the FIR that the petitioner was a fellow student at his coaching center who followed him and “offered friendship” which he refused. After this, the petitioner started pressurizing him to be friends, after which he had to leave the coaching center. It was claimed that even when the complainant started working as a mehndi artist, the accused person stopped her on her way to work and thus the girl’s mother spoke to the parents of the petitioner who assured that future No such incident will happen in me.
The girl had also ‘complained’ with her husband
The FIR further alleged that after 15 days of the marriage of the complainant, the petitioner called from an unknown number and told her husband that the girl was not a good girl and he should leave her. Thereafter, the petitioner started calling the complainant asking her to meet him and threatened that if she failed to do so, he would throw acid on her.
A month before the FIR was registered, the complainant alleged that she faced more harassment after several people came to her house with some “filthy” pictures of her on online platforms. Calls were also received on the mobile phone number of the complainant’s sister-in-law, inquiring about the charge of “complainant’s one night”.
