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by Admin
07 May 2024 2:49 AM
In a groundbreaking decision, the High Court of Delhi, led by HON’BLE MR. JUSTICE TUSHAR RAO GEDELA, has quashed FIR No. 654/2021 dated 30.11.2021 under Sections 354D IPC, 1860, and Section 12 of the POCSO Act, 2012. This judgment sets a significant precedent, with implications for cases involving mental health issues and settlement between parties.
The case revolved around the petitioner, Amanpreet Singh Bedi, who sought the quashing of the FIR on the grounds of a settlement between the parties. The petitioner was facing charges under serious sections of the Indian Penal Code (IPC) and the POCSO Act.
Crucially, the court considered medical evidence indicating that Amanpreet Singh Bedi was suffering from Psychosis N.O.S. (Not Otherwise Specified) with Borderline Intellectual ability. This condition raised questions about his ability to control his actions at the time of the incident.
The court also took into account the settlement reached between the parties and the consent of the victim’s father to quash the FIR. The medical board’s report further supported the petitioner’s condition and the need for regular medical care and supervision.
In his observation, Justice Tushar Rao Gedela stated, “Though the status report filed on record by the State discloses that the CCTV footage has captured the petitioner along with the victim, however, in view of the medical records placed on file, it appears that the petitioner was unaware of his actions.”
Consequently, the High Court quashed FIR No. 654/2021 and the proceedings stemming from it, emphasizing the petitioner’s mental health condition and the settlement between the parties.
This landmark decision underscores the importance of considering mental health in criminal cases and the potential for amicable settlements to resolve disputes. Advocates Dr. Sarbijit Sharma, Ms. Rudrakshi Gautam, and Mr. Yashi Chaturvedi represented the petitioner, while Mr. Shoaib Haider, along with SI Shalini from PS Welcome, and Mr. Sharad Pandey, Advocate, represented the State and Respondent No. 2.
Date of Decision: October 19, 2023
AMANPREET SINGH BEDI vs GOVT OF NCT OF DELHI & ANR
