Point of Law: Sexual harassment on women – Compromise between parties –Petitioner to do some social service to atone for his sins - Proceedings quashed.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.526/2020, dated 15.07.2020, registered at Police Station Vikas Puri, Delhi, for offences under Sections 354 and 506 IPC, on the ground that the complainant and the petitioner/accused have amicably settled the matter and no useful purpose would be served in continuing the proceedings.

2. Shorn of details the facts leading to the petition are as follows:

(a) The prosecutrix registered a complaint on 15.07.2020 in Police Station Vikas Puri stating that on 15.07.2020, at about 4:30 PM, after finishing work at her office she was sitting at PVR complex on the backside of PVR slums beside an open gym with her three colleagues.

(b) It is stated that the petitioner herein came towards them and started talking to the prosecutrix and said that he is a millionaire. When he was rebuked and asked to go away he left, but after ten minutes he once again came there and tried to speak with the prosecutrix. It is stated that the prosecutrix wanted to go away but the petitioner held her hand and twisted it behind her back.

(c) It is stated that he hit the prosecutrix on her face and her spectacles fell down. It is further stated that the petitioner hit the prosecutrix with his bag.

(d) It is stated that when the prosecutrix started making noise, people started gathering there and the petitioner ran away. On the basis of the complaint, FIR No.526/2020, dated 15.07.2020, was registered at Police Station Vikas Puri, Delhi, for offences under Sections 506 and 354 IPC.

(e) The petitioner was arrested on 21.07.2020 and later on released on bail.

(f) Charge-sheet has been filed.

3. As stated above this petition has been filed on the ground that the parties have compromised. The complainant is present in the Court today. The complainant states that she would not like to pursue with the matter.

4. In the present case it is the victim who is the ultimate sufferer. She has been harassed by the petitioner and she is being further harassed in the proceedings initiated against the petitioner.

5. It is well settled that the High Court has the power to quash FIR/complaint on the basis of a compromise arrived at between the parties while exercising its jurisdiction under Section 482 Cr.P.C. The Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 observed as under:

“61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz.:

(i) to secure the ends of justice, or

(ii) to prevent abuse of the process of any court.

In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelming