Justice Subramonium Prasad also imposed a fine of Rs 25,000 on the man, instructing him to plant 50 trees at his own expense in his locality and take care of them.
New Delhi: Recently, the Delhi High Court has dismissed a case against a man accused of sending obscene messages to a woman, on the condition that he completes three months of community service in a hospital, orphanage, and old-age home to “atone for his sins.”
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Justice Subramonium Prasad also imposed a fine of Rs 25,000 on the man, instructing him to plant 50 trees at his own expense in his locality and take care of them.
The man had approached the High Court to quash a First Information Report (FIR) filed against him in 2014, arguing that he and the woman had amicably settled their disputes and she had no objection to closing the case.
The FIR charged the man under Section 509 of the Indian Penal Code (IPC), which pertains to words, gestures, or acts intended to insult the modesty of a woman, and Section 67A of the Information Technology Act, which punishes publishing or transmitting obscene material in electronic form.
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The High Court stated that the petitioner could not be left unpunished simply because the complainant decided to settle the matter.
“Considering the nature of the 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 court directed the man to deposit the fine with the Armed Forces Battle Casualties Welfare Fund within four weeks, submit a copy of the receipt to the Investigating Officer (IO), and file it with the Registry of the High Court to show compliance within an additional four weeks.
Regarding the planting of 50 trees, the High Court instructed the Investigating Officer to ensure the man plants the trees and submits a compliance report to the High Court.
The High Court also ordered the man to do community service at Jyotiba Phule Old Age Home for Senior Citizens from September 1 to September 30, 2024; at LNJP Hospital from October 1 to October 31, 2024; and at Udayan Care-Orphanage in Mayur Vihar from November 1 to November 30, 2024.
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The High Court warned that any absenteeism, default, or misbehavior during the community service would be reported to the concerned SHO/IO, who would inform the learned APP for the State, and the matter would be brought to the Court’s attention for reconsideration of the order.
