By Tanvi Mehta

The Delhi High Court recently quashed an FIR lodged by a mother who alleged that her child’s teacher, Suman Vijay, had slapped her three-and-a-half-year-old son, ‘X’, for not being able to recite the alphabet. The incident, which reportedly resulted in bruises on the child’s face, led to the registration of the FIR on February 27, 2015, under Section 23 of the Juvenile Justice (Care and Protection of Children) Act. A medical examination at the time confirmed the presence of bruises.

The key legal issue before the Court was whether the FIR (No. 0244/2015) and the subsequent legal proceedings should be quashed under Section 482 of the Criminal Procedure Code, in light of an amicable settlement between the parties involved.

The Delhi High Court acknowledged the settlement and highlighted the importance of considering the nature of the offense, noting that the harm was not severe, and the petitioner had no malicious intent. The Court also pointed out the delayed recording of the child’s statement and the absence of a child psychologist during the investigation, which cast doubt on the reliability of the evidence. While reaffirming the general principles against corporal punishment, the Court differentiated this case due to its minor nature and the resolution reached between the parties.

Finally, the Court decided to quash the FIR and the related proceedings, reasoning that continuing the case would be futile, especially in light of the settlement and the petitioner’s lack of a significant prior record.

[Case Title: Suman Vijay vs. State Govt. of NCT Delhi and ANR., Citation: CRL.M.C. 2857/2024]

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