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IN THE HIGH COURT OF DELHI AT NEW DELHI
DELHI COMMISSION FOR WOMEN – Appellant
Versus
STATE (GOVT OF NCT DELHI) & ORS – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The Writ Petition under Article 226 and 227 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „CrPC‟) has been filed on behalf of the Petitioner/Delhi Commission for Women.
2. It is submitted in the Petition that the Petitioner is the Chairperson of Delhi Commission for Women (hereinafter referred to as „DCW‟), a Statutory Body, formed under the Delhi Commission for Women Act, 1994.
3. Briefly stated, the FIR No. 1553/2015 under Section 363/376 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟) and Section 4/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as „POCSO Act‟), was registered at Police Station Burari, by a minor girl, aged 14 years along with her mother, who approached the Respondent No. 2/SHO, Burari wherein allegations were made of a kidnapping and being kept in confinement and subjected to sexual assault. The minor girl was produced before the learned Metropolitan Magistrate on 05.01.2016 where her Statement under Section 164 CrPC was recorded, in which she stated that she did not blame any person for comm
The court ruled that procedures regarding the protection of minors' identities and appropriate investigations must be strictly adhered to, ensuring justice and safeguarding against abuses of power in....
The court ruled that an FIR can only be quashed if it does not disclose a prima facie case; allegations must be investigated unless manifestly false.
The court upheld the applicability of POCSO Act offences while quashing charges under the JJ Act, affirming that the police could investigate without a Magistrate's order.
The main legal point established in the judgment is the mandatory registration of FIR for a cognizable offence, the necessity to protect the identity of victims of sexual offences, and the requiremen....
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
The main legal point established in the judgment is that the court may not interfere if the investigation is complete and a challan has been presented in court, and that the petitioner may have a rem....
Child abuse - Household work and beating - Amicable settlement between parties - Rejection of petition to quash criminal proceedings - Outcome of cases which have impact upon society cannot be dispos....
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