Delhi HC Quashes FIR Lodged Under POCSO on Mutual Grounds

Delhi High Court has passed an order to cancel an FIR registered under the POCSO Act on the basis of mutual consent of victim and accused both.

While quashing FIR High Court directed the accused’s father to arrange for the health check-up of teachers of 10 schools by the orthopedic doctors.

This case was registered in the year 2019.

The High Court noted that parties have arrived to a settlement and accused father voluntarily offered to arrange for the health check-up.

Justice Saurabh Banerjee quashed the FIR and directed accused’s father to arrange orthopaedic surgeon or doctors for the free medical check-up of teachers. He is presently working as the Chief Administrative Officer at the Indian Orthopaedic Association.

The father of the petitioner (accused) assured the Court that he shall co-ordinate and follow up with the respective Principals of all the 10 Schools for fixing a day for providing the services of doctors to a maximum number of teachers at a mutually convenient date & time.

High court stated in the order, “This court applauds and appreciates the commendable effort put in by the father of the petitioner as he has willingly offered the noble services of providing free check-ups and that too by Orthopaedic Doctor(s) in as many as 10 government Schools.”

The bench noted in the order, the victim submitted that she has voluntarily settled all disputes with the petitioners. She further stated that she doesn’t wish to pursue the criminal proceedings against the petitioner and has no objection to the quashing of the present FIR.

The bench stated that this Court, no doubt, is very much mindful of the fact that the allegations levelled against the petitioner involve heinous offences involving grave punishments, if he is convicted.

Previously on September 21, the high court stated, “Considering that the present FIR was registered as a result of some misunderstandings and personal grudges between the parties involved and their family members as also that a settlement has been arrived at between the parties voluntarily, continuing with the FIR under the existing circumstances will be an exercise in futility.”

The FIR was registered on 04.04.2019 under Sections 354/354D/506/509 of IPC and Sections 8/12 of the POCSO Act at Police Station Palam Village, Delhi.