Delhi HC quashes 16-year-old FIR related to kidnapping minor after settlement between parties
Nov 30, 2023
New Delhi [India], November 30 : The Delhi High Court has recently quashed an FIR for allegedly kidnapping a minor boy in June 2007. The high court quashed the 16-year-old FIR in view of the settlement between the accused and the complainant.
A nine-year-old boy was kidnapped on 21 June 2007 from Bidan Pura Karol. Minor's father Lekhraj had lodged a missing complaint on June 22, 2007, at the Karol Bagh police station.
Police had recovered the child from the petitioner Ravi Kant and arrested him. He was working as a loan agent.
Justice Saurabh Banerjee allowed the petition moved by Ravi Kant seeking quashing of FIR considering the factum of settlement and submissions of the parties.
The bench said that in view of the fact that the settlement has been arrived at between the parties, and as the respondents do not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes and following the law laid down by the Supreme Court, this court is of the opinion that continuation of the FIR will be an exercise in futility.
"Accordingly, the present petition is allowed and FIR and all proceedings emanating therefrom are quashed," Justice Banerjee said in the order.
The petitioner had moved a plea seeking quashing of FIR of June 22, 2007, registered under sections 363/365 of the IPC 1860 at Police Station Karol Bagh and all proceedings emanating therefrom in view of the compromise deed dated March 27, 2023, arrived at between the parties.
The petitioner's counsels Vibhu Tyagi and Harsh Sharma submitted that the petitioner had signed a Memorandum of Understanding on March 27, 2023.
The court took note of the fact that the complainant affirmed the compromise deed dated, March 27, 2023. They submitted that they have voluntarily settled all disputes with the petitioner.
They further stated that they do not wish to pursue the criminal proceedings against the petitioner and have no objection to the quashing of the present FIR, the court noted in the order of November 8, 2023.
After the investigation, Delhi Police had filed a charge sheet against Ravi Kant in December 2007.
