LI Network
Published on: December 08, 2023 at 12:07 IST
The Delhi High Court has ruled against quashing criminal proceedings in a kidnapping case based on a compromise between alleged kidnappers and the parents of a minor child.
Justice Swarna Kanta Sharma’s bench rejected a plea seeking to quash an FIR registered in 2017 at Delhi’s Bhalswa Dairy Police Station for an alleged offense under Section 363 (kidnapping) of the Indian Penal Code.
The accused argued that the matter had been settled with the parents of the minor girl, and continuing criminal proceedings would serve no purpose. They claimed they were not aware the child had been kidnapped and had been caring for her.
The prosecution contended that the accused were aware of the kidnapping and had purchased the child for Rs 20,000.
In a statement to the Magistrate, the minor girl alleged that Rubina kidnapped her and her brother, handing them over to accused Kapil and Nisha.
The High Court acknowledged the distressing criminal act but emphasized the added complexity of the parents settling with the accused.
The court highlighted the disturbing nature of a three-year-old being kidnapped and sold, challenging the principles of the rule of law. It rejected the notion that the crime could be overlooked because the kidnappers cared for the child, emphasizing the irreversible nature of the criminal act.
Consequently, the Delhi High Court dismissed the petition, upholding the FIR and the ongoing legal proceedings in the case.