Delhi High Court Quashes POCSO Case After Settlement, Asks Accused’s Father To Arrange Free Health Checkup For Teachers In 10 Govt Schools

While quashing a POCSO case after settlement between parties who were young individuals, the Delhi High Court has directed the accused’s father to arrange free health checkups by Orthopaedic doctors for teachers in 10 government schools in the national capital.

Justice Saurabh Banerjee asked the accused’s father, presently working as Chief Administrative Officer of Indian Orthopaedic Association, to arrange Orthopaedic Surgeons or doctors associated with the said association to provide free medical health checkup for the teachers.

“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 court said.

Justice Banerjee quashed the FIR registered in 2019 under Section 354, 354D, 506 and 509 of Indian Penal Code and Section 8 and 12 of the POCSO Act.

The court noted that the FIR was registered as a result of some misunderstandings and personal grudges between the parties and their family members and that a settlement was arrived at between them voluntarily.

Justice Banerjee observed that continuing with the FIR under the said circumstances will be an exercise in futility, as the chances of the accused being held guilty were very bleak. The court also said that it was mindful of the fact that the allegations levelled against the accused involved heinous offences involving grave punishments, in case he was convicted.

The complainant affirmed that a settlement deed was entered into between the parties on February 16 and told court that she did not wish to pursue criminal proceedings against the accused and had no objection to the quashing of the FIR.

“… even though this Court is mindful that the FIR has been registered under Section 354 IPC and under Section(s) 8/12 POCSO Act, this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 482 Cr.P.C., particularly when in the opinion of this Court, the same is in the interest of justice and will also be in the interest of the parties and betterment of their future, as the parties involved herein are young people who are still pursuing their studies and trying to make their respective future careers,” the court said.

The accused’s father assured the court that he will co-ordinate and follow up with the respective Principals of all the 10 government schools for fixing a day for providing the services to the maximum number of teachers at a mutually convenient date and time.

Advocates Arvind Vashishta and Harish Bhardwaj appeared for the petitioner.

APP Sunil Kumar Gautam appeared for the State.

Case Title: ROHAN PANDEY v. STATE THROUGH SHO PS PALAM VILLAGE AND ANR

Citation: 2023 LiveLaw (Del) 887

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