Vinod Kumar Pathak & Ors. vs. The State (NCT of Delhi) & Anr.
Background
The petitioners sought quashing of a 2017 FIR registered under Sections 323/354B/506/509/34 IPC (relating to assault, use of criminal force with intent to disrobe, criminal intimidation and insult to modesty) on the ground that the complainant had settled all disputes with them.
Decision Breakdown
The complainant appeared through videoconferencing and, after being identified by the investigating officer, personally confirmed to the Court in Hindi that she had compromised all disputes with the petitioners and no longer wished to pursue the case. Satisfied that continuing the prosecution would serve no purpose given the genuine settlement, the Court quashed the FIR and all consequent proceedings.
Lesson Learnt
Even in cases involving offences against a woman's dignity, where the complainant herself, after due identification, confirms a voluntary and complete settlement to the Court, the High Court may exercise its inherent powers to close the case rather than compel a full trial: the emphasis is on the genuineness of the complainant's stated wish, verified directly by the judge.