Aman & Ors. vs. State Govt of NCT of Delhi and Ors.
Background
Three young men were accused of stalking a Class 10 schoolgirl for about two months on her route to and from school, following her, passing comments, whistling, and staring, until she reported it to a Women's Commission member, leading to an FIR under stalking, insult-to-modesty, criminal intimidation, and POCSO provisions. A chargesheet was filed, but the parties later settled through a Memorandum of Understanding.
Decision Breakdown
The victim and her father appeared in person, confirmed the settlement was voluntary, without coercion, and that they had no objection to quashing. Citing the Supreme Court's guidance in Gian Singh v. State of Punjab on when continuing a criminal case would be unjust despite a genuine compromise, the Court quashed the FIR and all proceedings, but, recognising the seriousness of stalking a minor, conditioned the quashing on each petitioner depositing Rs. 10,000 with the Delhi High Court Advocates Welfare Trust within one month.
Lesson Learnt
Even in cases involving offences against minors, courts may quash on a genuine settlement confirmed by the victim and guardian, but can still impose a monetary "welfare deposit" condition to mark the seriousness of the conduct rather than quashing unconditionally.