Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
Mohammad Samim – Appellant
Versus
State – Respondent
JUDGMENT :
MANOJ JAIN, J.
1. Petitioner herein seek quashing of FIR No. 0143/2021 dated 20.03.2021, registered at P.S. Nangloi, for commission of offences under Sections 376 /384 IPC and Section 6 of Protection of Children from Sexual Offence Act, 2012 (POCSO), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
2. Though there were specific allegations regarding sexual assault by the complainant (respondent No.2 herein), however, when she made statement on oath under Section 164 Cr.P.C. she did not divulge anything incriminating against the accused and based on her such statement, the petitioner had, earlier also, filed petition seeking quashing of FIR in question.
3. Such petition i.e. CRL.M.C.6767/2023 was taken up by learned Coordinate Bench of this Court on 05.03.2024. Though the learned Single Judge had recorded that the parties had already amicably settled the matter, the petition was not entertained as the prosecutrix was yet not examined before the learned Trial Court.
4. Now, since the prosecutrix has been examined by the prosecution, fresh petition has been filed. It is submitted that even in her such depo
The court can quash non-compoundable offences if there is a settlement between the parties, and the complainant does not support the prosecution, indicating that continuing proceedings serve no meani....
Serious offences under the POCSO Act cannot be settled; quashment based on settlement is impermissible due to public interest considerations.
The High Court cannot quash FIRs for heinous non-compoundable offences like child sexual abuse based on settlements between parties, emphasizing the need to protect societal interests.
The court may quash FIRs in cases involving serious offences if the parties have resolved their dispute amicably and the likelihood of conviction is minimal.
The court established that while serious offences typically cannot be settled privately, the unique circumstances of marriage and children can justify quashing proceedings to protect family integrity....
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
The High Court can quash FIRs under Section 482 when parties settle personal disputes, provided the crime is not heinous and does not have a serious societal impact.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
