New Delhi [India], March 5 : The Delhi High Court on March 3 has quashed criminal proceedings against a woman for the alleged offence of attempted culpable homicide (Section 308/307 IPC). The decision highlights the court's power to prioritize the "ends of justice" and the "quality of mercy" in complex family-like relationships, even when dealing with serious, non-compoundable offences.
The petitioner was an orphan who had been raised by the complainant and her late husband since she was three months old. Although they were never her legal parents through adoption, the court noted that their bond was socially and emotionally identical to that of a mother and daughter.
The legal trouble began in 2019 following a violent incident where the petitioner allegedly attacked her guardian with a wooden cross and a knife. While the police registered the case under serious charges of attempted murder, the guardian eventually chose to forgive the petitioner.
She informed the court that she no longer wished to pursue the case, explaining that she had raised the petitioner with love and viewed the conflict as a private family matter that had since been resolved through an amicable settlement.
Justice Prateek Jalan decided to quash the FIR, stating that forcing the trial to continue would be a "travesty of justice" given the unique family circumstances.
The judge emphasized that the "quality of mercy" should prevail in this case, especially since the parties had already settled their civil disputes and the petitioner had expressed deep remorse for her actions. The court also clarified that the petitioner has no legal claim to the guardian's property or inheritance.
As a condition for closing the case, the court ordered the petitioner to give back to society by performing community service. She is required to complete 30 sessions of service at St. Stephen's Hospital in New Delhi over the next four months.
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