Delhi HC Quashes Stalking FIR Against Ice Cream Vendor; Appreciates ‘Benevolent Gesture’ to Treat Police Personnel

The Delhi High Court has quashed a 2018 First Information Report (FIR) registered against an ice cream vendor for alleged voyeurism, stalking, and extortion. The decision, delivered by Justice Saurabh Banerjee, came after the accused and the complainant reached a voluntary settlement, with the court notably appreciating the petitioner’s offer to distribute ice cream to the entire staff of the Model Town police station.

The court observed that since the parties had amicably resolved their differences, continuing the criminal proceedings would be an “exercise in futility.”

The case originated on January 20, 2018, when FIR No. 23/2018 was registered at the Model Town Police Station. The petitioner was charged under Sections 354(C) (voyeurism), 354(D) (stalking), 385 (putting person in fear of injury in order to commit extortion), and 384 (extortion) of the Indian Penal Code (IPC).

According to the proceedings, the parties reached a settlement agreement in January this year. As part of this compromise, the petitioner paid a settlement amount of ₹45,000 to the victim.

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During the hearing, the complainant stated that she no longer wished to pursue the case. She informed the court that she is now married and has a child, expressing a desire to leave the past behind. She told the bench that she had no objection to the quashing of the FIR and the resulting legal proceedings.

Justice Saurabh Banerjee, in the order passed on March 13, noted the change in circumstances over the six years since the incident.

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“This Court is mindful that the present FIR was registered for alleged offences of voyeurism, stalking and extortion, however, much water has flown since then and the complainant/respondent no.2 has since then married and has a child and wants to move ahead in her new stable life,” the court noted.

Regarding the petitioner’s specific offer to the local police, the court stated: “Since the petitioner is an ice cream vendor, as a benevolent gesture, he wishes to distribute ice cream to the whole staff/ personnel of PS: Model Town within a period of one week after coordinating with the investigating officer. This Court appreciates this gesture.”

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The High Court concluded that in light of the voluntary settlement, the petition was allowed, and all proceedings emanating from the 2018 FIR were officially quashed.

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