Tarandeep Nagra v. State NCT of Delhi

1. The present petitions have been filed by the" petitioners under Section 482 Cr.PC praying inter alia for quashing of FIR No.119/2013 lodged by the complainant under Sections 354-B/506 IPC at Police Station: Patel Nagar. CRL.M.C. 2484/2013 1 of[6] 2013:DHC:6923

2. The complainant has stated that she used to walk down to a place ten minutes away from her residence to attend tuition classes between 7:30 PM to 9:30 PM and the petitioners, who would come in a car/motorbike, had been stalking her for the past three months and they had tried to take her photographs without her permission and had claimed thatthey would upload them on the internet. On the date of the alleged incident, i.e., on 28.04.2013, the petitioners had tried to drag the complainant to a nearby park and in the struggle, they had torn her dress.

3. Counsel for the complainant states that after the FIR came to be lodged against the petitioners, their families had approached the complainant and her parents with a request to settle the dispute. The complainant's father states that in view of the fact that the parents of the petitioners had pleaded that their sons be forgiven, they had agreed thatthe complainant shall not pursue the present FIR.

4. Learned APP for the State submits that after completion of investigation, the charge-sheet has been filed. He further states that looking at the conduct of the petitioners, who had been stalking the complainant for the past three months before she had come to lodge CRL.M.C. 2484/2013 ^ ® the present FIR, if the Court Is inclined to allow the present petitions, then the petitioners be put to strict terms.

5. The Court has heard the counsels for the parties. Lool<ing at the tender age of the petitioners, who are 20-22 years old as they have clean antecedents, the present petitions are allowed. FIR No.119/2013 lodged by the complainant with Police Station; Patel Nagar and all the proceedings arising therefrom are quashed, subject to the following conditions:-

(i) Both the petitioners shall file their affidavits tendering an unqualified apology to the complainant. They shall additionally undertake therein that they shall maintain good conduct in future and shall not indulge in any such activities as have been mentioned in the subject FIR. The aforesaid affidavits shall be filed within one week, with an advance copy to the complainant as also to the learned APP for the State.

(ii) In view of the fact that the petitioners have caused immense harassment to the complainant, the petitioners shall pay costs of ?10,000/- each to her within a period of two weeks from today. CRL.M.C. 2484/2013 ^ ^

(Mi) The petitioner in CRL.M.C. 2484/2013 sinall deposit additional costs of ?10,000/- with the i^ledicai Unit of Gurudwara Bangia Sahib, Delhi.

(iv) The petitioner in CRL.M.C. 2890/2013 shall deposit additional costs of ?10,000/- with the Blind School at Swayam Shakti Foundation for Youth Turning Blind in India, F-3/27, Rohini, Sector-11, Delhi-110085.

(V) The petitioners shall surrender their driving licences to the MLO of the area, which shall rennain suspended for a period of one year. The licences shall be returned by the MLO concerned to the petitioners at the end of one year reckoned from the date of deposit under written intimation to the learned APP for the State. Proof of deposit of their driving licences shall be placed on record by the petitioners with an advance copy to the learned APP for the State.

(vi) As the petitioners have volunteered to undertake some community service to demonstrate that they are truly remiss for their misconduct, they are directed to visit Gurudwara Bangia CRL.M.C. 2484/2013 4of[6] Sahib once a week for one hour and undertake Kaar Sewa at the Langar house and at the Juta Ghar.

(vii) The petitioners shall report to the Gurudwara Management within one week with a copy of this order and the Management shall ensure that they undertake the aforesaid community service for one hour on a weekly basis or four hours on monthly basis for a period of one year.

(vii) The Probation Officer of the concerned area shall ensure that the petitioners effectively discharge the duties assigned to them. The Gurudwara Management shall forward a quarterly report of the petitioners to the Probation Officer/SHO of the area, confirming the fact that they have been duly complying with the order. In case of any absenteeism/default on the part of the petitioners, the same shall be conveyed immediately by the Gurudwara Management to the Probation Officer/SHO of the area, who shall in turn inform the learned APP for the State, for bringing the same to the notice of the Court and for seeking recall of the orders passed today. CRL.M.C. 2484/2013 5of[6]

6. It is made clear that in case the petitioners are found indulging in any such offence, subject matter of the present FIR in future, then the Court shall not hesitate in directing that the subject FIR be revived.

7. The petitions are disposed of. File be consigned to the record room. HIMA KOHLI, J SEPTEMBER 06, 2013 rkb