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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
Mohammad Samim – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of fir based on victim's statements. (Para 1 , 2 , 4 , 6 , 10 , 14) |
| 2. previous petitions had highlighted the victim's lack of incrimination. (Para 3 , 5 , 13) |
| 3. court recognizes absence of meaningful purpose in continuing proceedings. (Para 8 , 15 , 19) |
| 4. judicial caution in quashing non-compoundable offences discussed. (Para 9 , 11 , 16 , 17 , 18) |
| 5. fir quashed based on settlement and victim's affirmation of misunderstanding. (Para 20 , 21 , 22) |
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
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.
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