Justice Girish Kathpalia, Delhi High Court
Only Victim Can Forgive Wrongdoer In Sexual Offence Cases, Not Parents: Delhi High Court Refuses To Quash FIR
|A plea was filed for quashing FIR registered under Sections 137, 65(1) and 351 BNS and Section 6 of the POSCO Act.
The Delhi High Court has dismissed a petition seeking quashing of an FIR under the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act, observing that stigma must be attached to the accused and not the victim of sexual violence.
A plea was filed for quashing the FIR registered under Sections 137, 65(1) and 351 of the BNS and Section 6 of the POSCO Act.
A Bench of Justice Girish Kathpalia held, “The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong. There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.”
Advocate Sandeep Kumar appeared for the Petitioner, and Advocate Manjeet Arya appeared for the Respondents.
The petitioner had contended that the proceedings should be quashed since the matter was compromised and continuing the trial would cause stigma to the minor prosecutrix.
The Court said, “I find this argument obnoxious, to say the least.”
The Court also pointed out that the petitioner was a Proclaimed Offender and that the prosecutrix was and continues to be a minor. It held, “For, it is the minor girl, and not her parents who was wronged and suffered because of the alleged act on the part of the petitioner. It is only the prosecutrix, who could have pardoned the wrongdoer, that too in certain specific conditions.”
According to the FIR, the accused allegedly blackmailed the minor girl into a physical relationship after recording her video.
Finding no merit in the plea, the Court said, “Considering the above factors, I am not satisfied at all that it would be in the interest of justice to quash the subject proceedings arising out of FIR No. 391/2024 of PS Sarita Vihar for offence under Section 137/65(1)/351 BNS and Section 6 of POSCO Act.”
The Court dismissed the petition with costs of ₹10,000 to be deposited with the Delhi High Court Legal Services Committee (DHCLSC) within a week.
Cause Title: Altaf v. State Govt Of NCT Of Delhi & Anr. [2025:DHC:7502]