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The Delhi High Court recently said that cases involving kidnapping and trafficking of minors cannot be allowed and criminal proceedings cannot be quashed based on settlements between parties as it could contribute to the perpetuation of a culture where the rights and dignity of children are compromised.
A single-judge bench of Justice Swarana Kanta Sharma further said in its December 1 order, “This court is of the opinion that the offence of kidnapping and trafficking of children are serious offences, having an impact on the society at large as well as on the child’s well-being and development. This court though takes note of the parent’s decision to reach a settlement, it cannot condone a practice that treats a minor girl as a tradable commodity.”
It further said that such settlements raise “ethical and legal concerns” involving a practice where the child is effectively being treated as a “commodity”, jeopardising their well-being. Justice Sharma underscored that it is crucial to set a precedent that “unequivocally condemns” the kidnapping and trafficking of children, ensuring that the rule of law prevails in the society.
“Quashing criminal proceedings in such cases would send a message to society that the severity of crimes against children, even those involving kidnapping and trafficking, can be mitigated or overlooked through private agreements, thereby eroding the very foundation of the rule of law,” the high court said.
The observations came while the high court refused to quash an FIR involving the kidnapping of two children in 2017, in a complaint lodged by their father. The minor son returned to the parents; however, the daughter could not be traced. In 2020, the police arrested three accused in connection with the case and also recovered the minor daughter.
The accused approached the court seeking quashing of the criminal case on the ground that they had settled the matter with the minor’s parents.
“The learned counsel for petitioner vehemently argued and insisted that the courts have to take a lenient and humanitarian approach in such cases and should in the larger welfare of the child allow the accused persons who bought the child for Rs 20,000/- and the accused who kidnapped and sold the child for the said amount, quash the FIR. This court is unable to accept this argument as acceding to this argument is not only against the fundamental principles of criminal jurisprudence but also legitimate expectations of the society to punish those who commit heinous offences,” the high court said, rejecting the plea.
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