Delhi HC rejects plea to cancel FIR in child abuse case, stressing that such crimes go beyond private disputes. Court cites public interest and child protection.
New Delhi: Today, on July 7, the Delhi High Court has firmly refused to cancel an FIR filed against two neighbours accused of abusing a minor child, saying that such serious offences against children are not just personal matters but concern the entire society.
The case dates back to June 2023, when a woman lodged a complaint at Govindpuri Police Station alleging that her 7-year-old son was brutally abused by their neighbours, Amit and his wife Surestha. She stated that they not only beat the child but also gave him electric shocks.
Justice Swarana Kanta Sharma, in a detailed judgment issued on July 3, said that even though the child’s mother had later reached a settlement with the accused and wanted the case closed, the nature of the allegations was too serious to ignore.
The Court emphasized that the impact of such abuse is far-reaching and cannot be handled as if it were a private family matter.
The accused, Amit and Surestha, had approached the High Court seeking the quashing of the FIR under charges of cruelty.
Their main argument was that both parties had resolved the issue amicably, and the child’s mother had confirmed before the Court that she had agreed to the compromise voluntarily and without any pressure or force.
However, the public prosecutor opposed this request. The prosecutor pointed out the seriousness of the allegations and reminded the Court that the victim was only 7 years old at the time of the incident, which made the case extremely sensitive and important for public interest.
Taking all the facts into account, Justice Sharma said,
“Such acts, prima facie, not only impact the individual victim but also raise broader concerns relating to public interest, safety as well as the protection of children. Therefore, such offences cannot be treated as mere private disputes capable of being quashed solely on the basis of a subsequent settlement between the parties.”
The Court further noted that allowing the FIR to be cancelled at this point would send the wrong message and harm the justice system.
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The Court warned,
“Quashing the FIR at this stage would set a dangerous precedent and defeat the administration of criminal justice,”
While reviewing the case, Justice Sharma referred to the detailed and repeated statements made by the child, saying that his account was clear and consistent about what had happened to him.
The order stated,
“The victim was merely 7 years old at the time of the alleged incident, and the psychological trauma and fear inflicted upon a child of such tender age cannot be trivialised or disregarded merely on the ground that the instrument used for electrocution was a torch,”
Lastly, the Court made it clear that, considering the seriousness of the charges, the tender age of the victim, and the earlier failed attempt at a compromise between the parties, the law must be allowed to follow its natural course.
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The judge stated,
“Bearing in mind the seriousness of the allegations, the age of the victim, and the need to allow the law to take its own course.”
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