Amit Kumar v. The State Gnct Of Delhi & ANR.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1633/2024 AMIT KUMAR .....Petitioner Through:
Mr. Ajeet Kumar Yadav and Mr.
Jagdish Kumar, Advocates with petitioner in person.
versus THE STATE GNCT OF DELHI & ANR.
.....Respondents Through:
Mr. Naresh Kumar Chahar, APP for the State with SI KM Jyoti, PS: Moti Nagar.
Ms. Smriti Sinha, DHCLSC with Ms.
Aleena, Advocates for R-2 and R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 01.04.2026 1.
By way of the present petition, the petitioner seeks quashing of the FIR bearing No. 156/2018, registered at Police Station Moti Nagar, Delhi, for the commission of offences punishable under Sections 363/376(3)/366(A) of the Indian Penal Code, 1860 (hereafter 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') and all consequent proceedings emanating therefrom on the basis of settlement arrived at between the parties. 2.
Issue notice. The learned APP accepts notice on behalf of the State. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The petitioner and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station, Moti Nagar, Delhi. 4.
Brief facts of the case are that the present FIR was registered on the complaint of the victim's sister-in-law, that the victim went missing on 16.04.2018. It was suspected that the minor victim had been kidnapped by an unknown person, and a case under Section 363 IPC was registered. During investigation, the victim was traced on 26.10.2020. She alleged that petitioner Amit Kumar had kidnapped her about two years earlier. The petitioner married her and established physical relations without her consent. As a result, she gave birth to a child. School record confirmed that the victim was about 14 years old at the time of incident. 5.
However, it is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 31.07.2023. It is stated that petitioner and victim are married and living together.
6.
On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. Therefore, she has no objection if the present FIR is quashed. 7.
In view of the above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Accordingly, FIR bearing No. 156/2018, registered at Police Station Moti Nagar, Delhi, for the commission of offences punishable under Sections 363/376(3)/366(A) of IPC and Section 6 of POCSO Act and all consequential proceedings emanating therefrom are quashed. 9.
The petition stands disposed of.
10.
The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 01, 2026/vc/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.