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‘Private dispute cannot be considered cruelty to children’, why did Delhi High Court say so?

POLITICS & LAWS'Private dispute cannot be considered cruelty to children', why did Delhi High Court say so?

While refusing to quash the FIR in a case of cruelty to a minor in Delhi, the Delhi High Court observed that such a dispute is not considered a private dispute. The court said that such crimes against children affect the conscience of the society. The court said that the child’s mother and the accused persons settled the matter among themselves, but such acts affected not only the victim but also gave rise to broader concerns about public interest, safety and the protection of children.

The court said that quashing the FIR at this stage would set a dangerous precedent and defeat the administration of criminal justice. The bench said that both the parties had reached a settlement earlier also But the complainant appeared before the court and refused to compromise the case with the accused. With the above remark, the court dismissed the petition.

The mother of the minor child had alleged in June 2023 that her child was physically abused by her neighbour Amit and his wife Suresh. It was alleged that the accused not only beat the child but also gave him electric shocks. The accused had demanded a direction to cancel the FIR lodged at Govindpuri Police Station on the charges of cruelty on the basis of a settlement with the victim. It was said in the petition that both the parties have settled the matter among themselves.

The child’s mother informed the court that she had entered into the settlement of her own free will and without any pressure. However, the prosecution opposed the plea, arguing that the charges were serious and the victim was only a seven-year-old boy at the time of the incident. Considering the above facts, the bench said that the age of the victim was only seven years at the time of the incident, and the mental trauma caused to a child of such a young age cannot be ignored or rendered insignificant on the basis of the agreement reached between the two parties.

 

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