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IN THE HIGH COURT OF PUNJAB AND HARYANA
M.M.S. BEDI, J.
ROOP ASRE @ SUNNY – PETITIONER
Vs.
STATE OF HARYANA AND OTHERS – RESPONDENTS
CRM-M No. 26469 of 2015(O&M)
Decided On : 01-12-2015
Quashing - Outraging Modesty - The court quashed the FIR and criminal proceedings based on a compromise, with the petitioner required to pay compensation to the complainant.
Fact of the Case:
The petitioner sought quashing of an FIR for outraging modesty based on a compromise between the parties.
Finding of the Court:
The court found the allegations serious and immoral but permitted quashing of the FIR on the basis of compromise, with the condition of the petitioner paying compensation to the complainant.
Issues: Quashing of FIR based on compromise, seriousness of allegations, and payment of compensation.
Ratio Decidendi: The unnecessary harassment caused to the complainant and the compromise between the parties influenced the court's decision to quash the FIR.
Final Decision: The court quashed the FIR and all criminal proceedings based on the compromise, subject to the condition of the petitioner paying a sum of Rs. 15,000 as compensation to the complainant.
M.M.S. Bedi, J.
This is a petition for quashing of FIR No.28 dated 29.01.2013 under Sections 354/509 IPC registered at Police Station Taraori, District Karnal at the instance of respondent No.2 Anjana alleging that the petitioner had outraged her modesty by doing bad gestures while she was travelling in bus.
2. Quashing of FIR has been sought on the basis of compromise.
3. Statements of the parties have been recorded to the effect that the matter has been compromised without any threat, coercion or undue influence. The allegations against the petitioner are apparently serious and immoral though the complainant has shown magnanimity by compromising the matter which would even result in acquittal of the petitioner.
4. Taking into consideration the unnecessary harassment caused to the complainant, I deem it appropriate to permit quashing of FIR subject to petitioner paying a sum of Rs. 15,000/- as compensation to the complainant on the next date of hearing before the trial Court which is stated to be 07.12.2015. In case the amount of Rs. 15,000/- is not deposited, to be disbursed to the complainant, on 07.12.2015, the trial Court shall report the matter to this Court.
5. The above said FIR and all criminal proceedings are quashed on the basis of compromise subject to above said condition.
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