Rahisuddin Malik Vs State of NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2025)

Rahisuddin Malik Vs State of NCT of Delhi — Child Sexual Offences (POCSO) | Delhi HC (2025)

What the court decided

AI extract

Outcome

No bail relief; application disposed of as infructuous. Copy of the order directed to be sent to the Incharge, Mediation Centre Delhi High Court, to be submitted before the concerned Committee of Hon'ble Judges.

Issue for consideration

Whether the Bail Application, pending for the offences under Sections 406/420 IPC, remains live after those offences were compounded by the complainants. +1 more

Court's answer

Since the offences under Sections 406/420 IPC, for which the present Bail Application was pending, stand compounded by the complainants (ACJM South-East order dated 13.02.2025), the Bail Application has become infructuous and stands disposed of.

Ratio / Principle

The mediator completely ignored the seriousness of the offences under FIR No.396/2022 (including the POCSO Act offence) in recording the settlement dated 13.02.2025 that bound both parties to take no action against each other, retraction entailing contempt proceedings.

Key takeaways

With the offences of cheating and criminal breach of trust compounded, the parties' non-disclosure of the amount paid in mediation (never made despite the predecessor bench's direction) pales into insignificance.obiter¶2.3
Heinous offences, including the one under the POCSO Act, having been allowed to be settled by the mediator, the manner of mediation is required to be flagged before the authorities controlling the Mediation Centre, Delhi High Court; accordingly, a copy of the order was directed to be sent to the Incharge, Mediation Centre for submission before the concerned Committee of Hon'ble Judges.ratio¶2.4

Detailed headnote1 paragraphs

Bail Appln. 4373/2024 (Rahisuddin Malik v. State of NCT of Delhi), High Court of Delhi, Girish Kathpalia, J., 08.05.2025 — disposed of as infructuous: the learned ASC produced the ACJM South-East order dated 13.02.2025 showing that the offences under Sections 406/420 IPC, for which the bail application was pending (FIR No. 397/2022, PS New Friends Colony), had been compounded by the complainants. Separately, the Court flagged the manner of mediation before the Mediation Centre, Delhi High Court: although a co-existing FIR (No. 396/2022, registered on the applicant's own complaint) involved offences under Sections 363/354/506/34 IPC and Section 10 POCSO Act, the mediator recorded a settlement dated 13.02.2025 that neither side would take action against the other, retraction entailing contempt proceedings; the predecessor bench's direction (order dated 04.03.2025) that the parties disclose the amount paid in mediation was never complied with, but became immaterial after compounding. Copy of the order was directed to be sent to the Incharge, Mediation Centre for submission before the concerned Committee of Hon'ble Judges.

$~1

IN THE HIGH COURT OF DELHI AT NEW DELHI

- BAIL APPLN. 4373/2024

RAHISUDDIN MALIK .....Petitioner

Through: Mr. Abhay Kumar, Advocate

versus

STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC for State with ASI Shyam Sunder, SI Naveen Yadav and Inspector Manjeet Singh, PS New Friends Colony

CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 08.05.2025

[ Physical Hearing/Hybrid Hearing (as per request)]

At the outset, learned ASC has produced before me a copy of order dated 13.02.2025 of the ACJM South-East whereby the offences under Section 406/420 IPC pertaining to which the present Bail Application is pending have been compounded by the complainants. That being so, the present Bail Application has become infructuous, so it stands disposed of.

But this case raises a quite discomforting issue qua the manner in which mediation proceedings were carried out before the Mediation Centre, Delhi High Court.

2.1 The present applicant was accused in FIR No. 397/2022 of PS New

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:06:20

Friends Colony for offence under Section 406/420 IPC. At the same time, on the complaint of the present applicant, FIR No. 396/2022 was registered by PS New Friends Colony for offences under Section 363/354/506/34 IPC and Section 10 POCSO Act.

2.2 The mediator, completely ignoring the seriousness of the offences under FIR No.396/2022, recorded the settlement dated 13.02.2025 that both parties shall not take any action against each other and retraction from the said settlement would entail contempt proceedings.

2.3 Further, in their status report, the respondent State had even listed the cheated amount against each of the victim in a table and the predecessor bench in order dated 04.03.2025 observed that the Mediation Centre did not disclose the amount paid, so the parties were directed to disclose the amount paid. The said disclosure was never made, but in view of compounding of the offences of cheating and criminal breach of trust, the non disclosure pales into insignificance.

2.4 The issue required to be flagged before the authorities controlling the Mediation Centre, Delhi High Court is as regards the manner in which such heinous offences, including the one under POCSO Act were allowed to be settled by the mediator, recording that neither side shall take any action and failure to adhere to the mediation settlement dated 13.02.2025 would entail contempt proceedings.

2.5 Copy of this order be sent to the Incharge, Mediation Centre Delhi

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:06:20

High Court to be submitted before the concerned Committee of Hon’ble Judges.

GIRISH KATHPALIA, J

MAY 8, 2025/as

Click here to check corrigendum, if any

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:06:20