The Delhi High Court has declined to quash an FIR involving serious allegations of cruelty towards a seven-year-old boy, ruling that such offences affect public conscience and cannot be reduced to mere private disputes, even if the parties later reach a settlement.
Justice Swarana Kanta Sharma, in an order dated July 3, dismissed a plea by two accused—Amit and his wife Surestha—who sought quashing of the FIR filed in June 2023 by the child’s mother. The FIR, registered at the Govindpuri Police Station, alleged that the couple had physically assaulted the child and subjected him to electric shocks.
While the child’s mother informed the court that she had amicably settled the matter with the accused on her own volition, the court refused to accept the compromise as grounds for quashing the case.
“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,” Justice Sharma observed. “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 noted the gravity of the allegations and the age of the child, stating that allowing the FIR to be quashed would set a “dangerous precedent” and undermine the criminal justice system.
Referring to the child’s “specific” and “consistent” statements detailing the alleged abuse, the court said the psychological trauma inflicted on a child of such tender age could not be trivialised—regardless of whether the electric shocks were administered using a torch.
The judge also highlighted that the parties had previously attempted a settlement, which the complainant later withdrew, signalling ongoing seriousness of the issue.
The prosecution opposed the quashing plea, pointing out that the incident involved a minor and warranted full legal scrutiny.
The case will now proceed in accordance with law.
