{"id":309051,"date":"2023-12-12T12:00:00","date_gmt":"2023-12-12T06:30:00","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=309051"},"modified":"2023-12-13T17:20:45","modified_gmt":"2023-12-13T11:50:45","slug":"delhi-hc-refuses-to-quash-fir-against-persons-accused-of-kidnapping-a-child-despite-settlement-between-parties-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/12\/delhi-hc-refuses-to-quash-fir-against-persons-accused-of-kidnapping-a-child-despite-settlement-between-parties-legal-news\/","title":{"rendered":"Delhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties, says \u2018such settlements raise ethical and legal concerns\u2019"},"content":{"rendered":"
\n

Delhi High Court:<\/span> In a petition filed under Section 482<\/a> of the Criminal Procedure Code, 1973<\/a> seeking to quash the FIR registered for the offence punishable under Section 363<\/a> of the Penal Code, 1860<\/a> (‘IPC’), Swarana Kanta Sharma, J.*<\/span>, opined that the acceptance of such settlements could contribute to the perpetuation of a culture where the rights and dignity of a children were subjugated to negotiation and compromise. The Court opined that such practice of compromising cases which involved kidnapping of innocent minor child could not be allowed and based on such settlements, criminal proceedings could not be quashed and it was crucial to set a precedent that unequivocally condemned the acts of kidnapping and trafficking of children. Thus, the Court opined that it found no reasons to quash the present FIR and dismissed the present petition.<\/p>\n

Background<\/p>\n

On 13-12-2017, the complainant filed a missing report of his daughter, whereby he informed the police that he had three children, one son and two daughters and on 13-12-2017, when he went for work, his wife stayed at home, his eldest daughter went to school and his second daughter and son went to his elder brother. Thereafter, the complainant stated that when his second daughter and son were coming back home, they went missing and some unknown person might had kidnapped his second daughter and son.<\/p>\n

Thus, the present FIR was registered under Section 363<\/a> of the IPC<\/a>. Further, the police tried to find the missing children, but they were not found. However, the complainant informed the police that on 17-12-2017, he had found his missing son, but the daughter could not be traced by the police. Subsequently, after three years, while carrying out the investigation of another registered FIR, the police arrested three accused persons, i.e. present petitioners in connection with the present case and also recovered the complainant’s daughter from them.<\/p>\n

Thereafter, the petitioners filed the present petition under Section 482 of the CrPC to quash the registered FIR. The petitioner stated that the matter was settled between the parties and no purpose would be served by continuing the present proceedings. Further, it was stated that for the child’s welfare, the petitioners should not undergo trial as they had been taking care of the child. It was also stated that Petitioners 2 and 3 were not aware that the child was kidnapped and since, because of some medical problems, they could not become the biological parents, lenient view might be taken and the registered FIR should be quashed.<\/p>\n

However, the respondent contended that the allegations in the present FIR were serious in nature and the kidnapped child had been recovered after a long period of about three years. Further, Petitioners 2 and 3 were aware about the kidnapping of the child as they bought the child for Rs. 20,000 from Petitioner 1.<\/p>\n

Analysis, Law, and Decision<\/p>\n

The Court opined that the current development in the present case was concerning as the parents of the minor girl, who was kidnapped when she was three years old, entered into a settlement with the accused persons. They had no objection if Petitioners 2 and 3, who currently had the unlawful custody of the kidnapped child, continued to have her custody and adopt her. Thus, the case at had presented unique circumstances. The Court opined that such circumstances forced the Court to reinforce through this judgment that the society, by its very nature, relied on certain fundamental principles to function cohesively. One of these principles was the recognition and protection of the rights of its most vulnerable members, i.e. the children.<\/p>\n

The Court further opined that “at its core, this case brings to light the critical question of the commodification of children, a practice that goes against the moral values and ethical standards of the society. The idea that a girl child can be subjected to a transaction, where her custody is negotiated as if it was a piece of property, challenges the very principles of rule of law. The Court’s role in such a situation is pivotal, as it must grapple with the desire of the parties and the broader societal implications of accepting such settlements<\/span>.”<\/p>\n

The Court opined that the present case was one of the few cases, where the Courts and Judges were faced with a dilemma. On one hand, the child was being looked after by kidnappers and the parents did not want the child back, whereas, on the other hand, the child was kidnapped and bought by the kidnappers, as one of the accused was unable to give birth to a child, due to some medical infirmity. However, the Court opined that the law could not side with those who were on the opposite side of the law. The Judges, though faced with such dilemmas, had to still stand firm on one side of the law and while making every effort to balance the victims rights, it could not lose sight of the larger implication of such settlements on the society as a whole.<\/p>\n

The Court opined that one had to appreciate and imagine the trauma, stress, agony of the three-year-old child, that she went through after being kidnapped from lawful guardianship of her parents. The Court must also consider the long-term psychological impact and impact on overall development on the girl child. The Court opined that placing a child in a situation where her lawful custody was being determined through settlement, where the child after being kidnapped had remained out of lawful custody of her parents for three years, also raised serious concerns about the child’s future and well-being.<\/p>\n

The Court opined that “in the face of a crime against a minor girl child, the Court’s duty is to ensure that justice is not only served, but the sanctity of child’s rights is preserved, reinforcing the unequivocal message that children are not tradable entities, and their safety and well-being is non-negotiable.”<\/span> The Court opined that the offence of kidnapping and trafficking of the children were serious offences, which impacts the society at large.<\/p>\n

The Court noted that the parent’s decision to reach a settlement and opined that it could not condone a practice that treated a minor girl as tradeable commodity. Such a settlement raised ethical and legal concerns as it involved a practice where a child was effectively being treated as a commodity, which jeopardized the child’s well-being and contravened the basic principles of law. Moreover, the acceptance of such settlements could contribute to the perpetuation of a culture where the rights and dignity of a children were subjugated to negotiation and compromise. The Court opined that quashing criminal proceedings in such cases would send a message to the society that the severity of crimes against children, including kidnapping and trafficking could be mitigated or overlooked through private agreements, thereby eroding the very foundation of rule of law.<\/p>\n

The Court opined that such practice of compromising cases which involved kidnapping of innocent minor child could not be allowed and criminal proceedings could not be quashed based on such settlements and it was crucial to set a precedent that unequivocally condemned the acts of kidnapping and trafficking of children. Thus, the Court opined that it found no reasons to quash the present FIR and dismissed the present petition.<\/p>\n

[Rubina v. State (NCT of Delhi), 2023 SCC OnLine Del 7703<\/a>, decided on 01-12-2023<\/span>]<\/p>\n

*Judgment authored by- Justice Swarana Kanta Sharma<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case :<\/p>\n

For the Petitioners:<\/span> R.P.S. Bhati, Advocate;<\/p>\n

For the Respondents:<\/span> Naresh Kumar Chahar, APP for the State; Ashok Kumar Mahoor, Advocates<\/p>\n

Buy Penal Code, 1860   HERE<\/a><\/h3>\n

\"penal<\/a><\/p>\n

Buy Code of Criminal Procedure, 1973  HERE<\/a><\/h3>\n

\"Code<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

“One has to appreciate and imagine the trauma, stress, the agony of the child, who was only three years of age, that she would have gone through after being kidnapped by the kidnappers from the lawful guardianship of her parents.”<\/p>\n","protected":false},"author":67011,"featured_media":303940,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2543,63419,3067,3696,37346,36335,29714,63420,3587],"class_list":["post-309051","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Delhi_High_Court","tag-ethical","tag-FIR","tag-kidnapping","tag-legal","tag-penal-code-1860","tag-quash","tag-section-363-of-the-ipc","tag-settlement"],"yoast_head":"\nDelhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties | SCC 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The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court's recognition of mutually agreed\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Delhi High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":335970,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/11\/26\/delhi-high-court-quashes-fir-rape-kidnapping-pocso-marriage-settlement-legal-news\/","url_meta":{"origin":309051,"position":1},"title":"Delhi High Court quashes FIR in rape, kidnapping & POCSO case following marriage and mutual settlement","author":"Arunima","date":"November 26, 2024","format":false,"excerpt":"In cases involving Section 376 IPC or the POCSO Act, Courts must exercise caution while quashing FIRs, as these offences impact societal interests. However, Delhi High Court acknowledged the unique circumstances where the petitioner and the prosecutrix, now married with children, had reached a settlement, balancing societal concerns with the\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Delhi High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Delhi-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":312936,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/02\/03\/delhi-hc-quashes-fir-pocso-accused-considering-his-happy-married-life-with-victim-legal-news\/","url_meta":{"origin":309051,"position":2},"title":"\u2018Court cannot turn its back on distressed family\u2019: Delhi HC quashes FIR against a man accused under POCSO after considering his happy married life with victim","author":"Arushi","date":"February 3, 2024","format":false,"excerpt":"\u201cThe petitioner\u2019s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"delhi high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/10\/delhi-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":327973,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/08\/03\/father-kidnapping-taking-child-away-from-mother-custody-offence-booking-karnataka-hc-legal-news\/","url_meta":{"origin":309051,"position":3},"title":"Whether a father can be booked for offence of kidnapping for taking away his own minor child from the custody of the mother? Karnataka HC answers","author":"Sucheta","date":"August 3, 2024","format":false,"excerpt":"Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Karnataka High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Karnataka-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Karnataka-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Karnataka-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Karnataka-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":294853,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/17\/allahabad-hc-refuses-quash-fir-against-congress-leader-over-modi-adani-love-affair-remark\/","url_meta":{"origin":309051,"position":4},"title":"Allahabad High Court refuses to quash FIR against Youth Congress leader over his \u2018love affair\u2019 remark against Modi and Adani","author":"Apoorva","date":"June 17, 2023","format":false,"excerpt":"Allahabad High Court opined that the offence alleged in the impugned FIR would definitely fall within the ambit of Section 153-A and Section 505(2) of IPC which are cognizable offences. Thus, refused to quash the FIR against Secretary of UP Youth Congress, Sachin Chaudhary","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"allahabad high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/allahabad-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/allahabad-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/allahabad-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/allahabad-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":243188,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/02\/01\/del-hc-offences-under-s-377-ipc-s-4-pocso-act-committed-on-a-child-aged-7-years-father-of-victim-sought-quashing-of-fir-will-hc-quash-the-fir-read-to-know\/","url_meta":{"origin":309051,"position":5},"title":"Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know","author":"Bhumika Indulia","date":"February 1, 2021","format":false,"excerpt":"Delhi High Court: Subramonium Prasad, J., in regard to quashing of FIRs expressed that: \"High Court cannot mechanically quash FIRs for non-compoundable offences by exercising powers under Section 482 CrPC just because parties have decided to bury their hatchets.\" The instant petition was filed for quashing of an FIR for\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/309051","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=309051"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/309051\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/303940"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=309051"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=309051"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=309051"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}