Man 'Settles' Obscene Messages Case, Court Orders Community Service

The Delhi High Court has directed a man to do community service in a hospital, orphanage and old-age home for three months while quashing an FIR against him for allegedly sending obscene messages to a woman, saying he has to “atone for his sins”.

The high court, which also imposed a costs of Rs 25,000 on the man, said he must realise that he cannot take the courts for granted and he cannot get a feeling that he could get away with the crime by entering into a settlement with the victim.

Besides, the court also directed the man to plant 50 trees at his expense in his locality and nurture them and asked the investigating officer of the case to ensure that the trees are planted and a compliance report be submitted before it.

“Considering the nature of offence, this court is of the opinion that the petitioner (man) cannot be allowed to go scot-free only because the complainant (woman) has decided to enter into a settlement with him. The petitioner has to atone for his sins…,” Justice Subramonium Prasad said.

The court imposed the costs on him so that he does not repeat such kind of offences in future and said that the amount be deposited in the ‘Armed Forces Battle Casualties Welfare Fund' within four weeks.

While directing the man to do community service, the court said he shall perform duties at Jyotiba Phule Old Age Home for Senior Citizens, LNJP Hospital and Udayan Care-Orphanage at Mayur Vihar for one month each, after which a compliance report shall be filed.

In case of any absenteeism or default or misbehaviour on the part of the man during this period, it shall be conveyed to the police official concerned who shall inform the prosecutor for recalling the order, the court said.

The court was dealing with a plea by the man seeking quashing of the FIR on the ground that he and the woman have amicably settled the disputes and she has no objection if the case is closed.

The court quashed the FIR registered against the man in 2014 for the offence punishable under Section 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code and Section 67A (punishment for publishing or transmitting obscene material in electronic form) of the Information Technology Act. 

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