Saturday, 26 January 2019

Whether court should quash prosecution for offence of outraging modesty of woman on basis of Crude settlement?

The allegations levelled against petitioner are of outraging the
modesty of a woman. The incident in question has not been explained.
Trial Court’s order of 9th February, 2018 simply records that settlement
has been arrived at between the parties. Such crude settlements are not
acceptable, as it will send a wrong signal to the society.
This court is of the considered opinion that it is not a fit case to
quash the F.I.R. in question on the basis of such crude settlement.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: January 15, 2019
 CRL.M.C. 174/2019

VINAY KUMAR Vs GOVT OF NCT OF DELHI

CORAM:
MR. JUSTICE SUNIL GAUR



Quashing of F.I.R. No. 1299/2015 under Sections
354(A)/354/506/34 of IPC, registered at Police Station Shalimar Bagh,
District North-West, Delhi, is sought on the basis of settlement reached
between the parties.
The allegations levelled against petitioner are of outraging the
modesty of a woman. The incident in question has not been explained.
Trial Court’s order of 9th February, 2018 simply records that settlement
has been arrived at between the parties. Such crude settlements are not
acceptable, as it will send a wrong signal to the society.
This court is of the considered opinion that it is not a fit case to
quash the F.I.R. in question on the basis of such crude settlement.

Accordingly this petition is dismissed while refraining to comment
on merits of the case lest it may prejudice either side at trial.
(SUNIL GAUR)
JUDGE
JANUARY 15, 2019

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