'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

NEW DELHI: Quashing a criminal case against a 61-year-old man accused of outraging a woman's modesty, after he reached a settlement with her, the Delhi High Court has directed the man to plant 30 trees.

As the matter had been settled between the parties, the Court ordered, "Consequently, FIR under Sections 354 IPC registered at police station Vasant Kunj, South, and proceedings emanating therefrom stand quashed."

"Instead of imposing the costs upon the petitioner, he is directed to plant 30 saplings of trees, which are up to three feet in height in the local part or in the area of P.S. Vasant Kunj, South after getting in touch with the competent authority...," it ordered.

The bench of Justice Anoop Kumar Mendiratta reasoned that as the matter was amicably settled, it would merely be an abuse of the process of Court to continue adjudicating it.

It added that there is a difference between serious offences like rape, murder, dacoity, which cannot be quashed despite a settlement. However, it was of the opinion that quashing post-settlements can be worked out in offences primarily of a civil nature or offences involving minor disputes.

Opting for an approach promoting harmony between the parties, the Court said that it was significant that both the parties wanted to put an end to the proceedings and the settlement.

Therefore quashing the FIR would permit them to move forward in life. It was also of the opinion that the chances of conviction are also bleak given the amicable settlement.

The orders were passed on a plea to quash the FIR registered under Section 354 (assault or criminal force to a woman with the intent to outrage her modesty) of the Indian Penal Code (IPC).

The Court further directed for the accused to pay a cost of Rs. 30,000 to the Delhi State Legal Services Authority (DSLSA) in case of non-compliance and directed the local concerned authorities to ensure the upkeep of the saplings.

In November 2016, the woman accused the petitioner of outraging her modesty.

The petitioner told the Court that the FIR was lodged on account of some differences which have been amicably resolved.