Delhi High Court: In a petition filed by the petitioner (‘accused’) under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash FIR registered under Sections 354/354C/506/509/384/34 of the Penal Code, 1860 and Section 12 of the Protection of Children from Sexual Offences Act, 2012, Sanjeev Narula, J., stated that the victim had unequivocally expressed her desire to move on from this chapter, and had articulated social and emotional burden that the continued pendency of this criminal case might place upon her. Thus, the Court quashed the present FIR and directed the accused to do community service at Lok Nayak Jai Prakash Narayan Hospital for a month.
Background
In August 2016, the victim became familiar with the accused, senior student from the same school. The two began interacting via text and social media platforms, which gradually evolved into a personal relationship. In March 2017, the accused allegedly began requesting the victim to share her private photographs. Despite her initial reluctance, the accused purportedly insisted that such exchanges were common in romantic relationships. Succumbing to his repeated demands, the victim ultimately shared approximately four private photographs with him via Instagram.
Two months later, in May 2017, following a disagreement, the victim and the accused ceased communication. Upon requesting deletion of the photographs, the accused assured her that the same had been erased. The victim, trusting his assurance, deleted the images and their chat history from her own device as well.
On 18-2-2018, the accused contacted the victim via Snapchat, demanding Rs. 6,000. Upon her refusal, he forwarded her private photographs back to her and threatened to circulate them online, unless payment was made. Under pressure, the victim transferred the demanded amount. The accused also confronted her near the school premises and repeated the threat. Thereafter, the victim made several payments to him under the same duress.
Further in April 2018, ‘A’, the accused’s friend and a student at the same school, approached the victim with similar demands and threatened to publicly upload the images if his demand was not met. Out of fear, the victim transferred money to him on several occasions. On one such occasion, fearing further threats, the victim even handed over her bank passbook to ‘A’. Despite this, the extortion allegedly continued.
Persisting threats and financial demands left the victim increasingly distressed. Eventually, her mother came across a message from ‘A’ on her phone, prompting the Victim to disclose the entire sequence of events on 21-8-2019. Thus, the present FIR was registered, and thereafter, charge-sheet was filed.
Analysis, Law, and Decision
The Court stated that the allegations in the FIR were undoubtedly serious, involving the harassment of a minor girl, through exploitation. The facts narrated disclosed a pattern emblematic of the darker undercurrents of the social media age, where technology was misused to exert control, induce fear, and compromise dignity. Considering this, at the outset, the Court was not inclined to quash the FIR in a perfunctory manner.
However, after a detailed and careful interaction with the victim and her mother, the Court observed that the victim had consciously chosen to move on from the incident. The Court noted that the victim and her mother, were currently exploring matrimonial prospects, and that the pendency of a criminal case might result as a serious impediment to her future opportunities and personal relationships. Her mother specifically submitted that ongoing criminal proceedings of this nature were likely to create social stigma and could undermine the family’s efforts to secure a suitable match for the victim.
The Court stated that ordinarily, allegations of this nature, particularly those involving the sexual harassment of a minor, would not merit quashing. However, the law is equally cognizant of the victim’s right to privacy, dignity, and closure. In appropriate cases, the Court, while exercising its inherent powers might quash proceedings involving non-compoundable offences where the parties have voluntarily and meaningfully settled the dispute, and where the continuation of the prosecution would serve no useful purpose and would instead prolong trauma.
In the present case, considering the overarching aim of facilitating rehabilitation and the victim’s express wish to put the matter behind her, the Court stated that no larger public interest would be compromised by allowing the petition. The Court emphasized that the decision to quash the FIR was solely out of deference to the express wishes of the victim and in the interest of her privacy. However, the Court recorded its disapproval of the conduct attributed to the accused.
The Court stated that the allegations pertained to a deeply troubling pattern of coercion and intimidation directed at a school-going minor, including threats to publicly disseminate her private photographs in exchange for money. Such behaviour, if true, reflected a gross misuse of digital platforms and an alarming disregard for consent and personal dignity.
Further, upon a pointed query by the Court as to whether the accused continued to retain any backup of the private photographs in question, the accused categorically assured the Court that he did not possess any such images. The Court took the statement on record and stated that the accused should remain bound by the same.
Nevertheless, the Court stated that the victim had unequivocally expressed her desire to move on from this chapter and had articulated social and emotional burden that the continued pendency of this criminal case might place upon her. Thus, the Court quashed the present FIR and stated that the accused should remain bound by the terms of the settlement and the undertaking furnished before this Court. If the photos resurface in any form or medium, the victim should be at liberty to seek revival of the FIR and pursue remedies as available in law. Further, the accused should not, directly or indirectly, establish any form of contact, whether personal, electronic, or otherwise, with the victim or her family.
The Court directed the accused to undertake community service as a measure of accountability and reflection. The accused was further directed to perform one month of community service at Lok Nayak Jai Prakash Narayan Hospital for a month, i.e., from 1-6-2025 to 30-6-2025. Upon completion of the said period, a certificate confirming the completion of community service should be issued by the Medical Superintendent. In the event of any absenteeism, default, or misconduct on the part of the accused during the course of the community service, should be immediately reported by the Medical Superintendent to the SHO concerned, who shall, in turn, inform the APP for placing the matter before this Court and seeking appropriate orders, including revival of the FIR.
Additionally, the Court imposed the costs of Rs. 50,000 on the accused and the same said amount should be deposited towards ‘Army Welfare Fund Battle Casualties’, and a copy of the receipt should be placed on record with the Registry within a period of three weeks.
[X v. State (NCT of Delhi), CRL.M.C. 3406 of 2025, decided on 27-5-2025]
Advocates who appeared in this case:
For the Petitioner: Naresh, Advocate.
For the Respondents: Amit Ahlawat, APP for the State
Buy Protection of Children from Sexual Offences Act, 2012 HERE
Buy Penal Code, 1860 HERE
