The Delhi High Court on Friday dismissed a petition filed by one Altaf seeking quashing of an FIR registered at Sarita Vihar police station under provisions of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences (POCSO) Act. The case, lodged as FIR No. 391/2024, involves allegations of sexual exploitation of a minor girl.
Justice Girish Kathpalia, while delivering the oral Judgment, noted that the petitioner had been declared a proclaimed offender and continued to evade the law. The prosecution strongly opposed the plea, highlighting that the victim in the case was still a minor. The court also took note of the allegations that the accused had blackmailed the girl into a physical relationship by making her video.
The defence counsel argued that quashing the case would protect the victim from social stigma.
Rejecting this submission in strong words, Justice Kathpalia remarked,
"The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong."
The court stressed the need for a "paradigm shift in societal mindset" by ensuring that the shame of such crimes is associated with the offender rather than the survivor.
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The petitioner's lawyer further submitted that the girl's parents had settled the matter with the accused. The Judge dismissed this line of argument, clarifying that it was the girl, and not her parents, who had suffered. Since the prosecutrix remained a minor, the question of her pardoning the accused did not arise under law.
Concluding that there was no ground to interfere, the High Court dismissed the petition with costs of ₹10,000, directing the petitioner to deposit the amount with the Delhi High Court Legal Services Committee within one week. The trial court was asked to ensure compliance with the order.
Case TItle:- Altaf v. State Govt of NCT of Delhi & Anr.
Case Number: CRL.M.C. 2363/2025 & CRL.M.A. 10629/2025
