Settlement No Shield in Child Abuse Case, Says Delhi High Court

Settlement No Shield in Child Abuse Case, Says Delhi High Court

The Delhi High Court has declined to quash an FIR involving allegations of cruelty against a minor, stating that such offenses have far-reaching implications beyond private disputes and impact the collective conscience of society.

The case stems from a June 2023 complaint filed by the mother of a seven-year-old boy, who alleged that her neighbors, Amit and his wife Surestha, physically assaulted her child and subjected him to electric shocks. The FIR was registered at Govindpuri Police Station under relevant provisions related to cruelty against a child.

Justice Swarana Kanta Sharma, in an order dated July 3, noted that while the complainant and the accused had entered into a settlement, the seriousness of the allegations warranted continuation of the criminal proceedings. The Court highlighted that crimes against children raise critical concerns regarding public safety and cannot be dismissed merely due to a subsequent compromise between parties.

“The victim was only 7 years old at the time of the alleged assault, and the psychological trauma inflicted upon a child of such tender age cannot be trivialized,” the Court observed, adding that the use of a torch as the instrument for electric shocks does not dilute the severity of the act.

The judge underscored that permitting quashing in such circumstances would set a "dangerous precedent" and undermine the administration of criminal justice. The Court also took into account the victim’s detailed and consistent statements, which outlined the sequence of events clearly.

While the child’s mother told the court she had agreed to settle the matter voluntarily and without coercion, the prosecution opposed the plea, stressing the gravity of the offense and the young age of the victim.

Notably, the Court also observed that the parties had previously attempted a settlement, but the complainant later declined to proceed with the compromise before the court.

Concluding that the case involved serious allegations and issues of public interest, Justice Sharma refused to interfere with the investigation, asserting that the law must be allowed to take its own course. 

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