A S v. State Through Its Chief Secretary And ANR.

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 317/2024 A S .....Petitioner Through:

Ms. Nidhi Mohan Parashar, Advocate with Mr. Vikrant Kumar, Advocate and along with petitioner in person.

versus STATE THROUGH ITS CHIEF SECRETARY AND ANR.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for State with Ms. Puja Mann, Advocate Mr. Rohan Chawla, Advocate for respondent no. 2 and R-2 in person with her husband.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.05.2025 CRL.M.A. 17134/2025 in CRL.REV.P. 317/2024 1.

By way of the present application, the applicant is seeking quashing of the order on charge dated 06.12.2023, passed by the learned Additional Sessions Judge (SC-POCSO) (South), Saket District Courts, New Delhi, in Case No. 6713/2023, titled as "State Vs. AS and Anr", in case arising out of FIR bearing no. 653/2018, registered at Police Station Saket, for the commission of offences punishable under Sections 293 and 506 of Indian Penal Code, 1860 (hereafter 'IPC') and Section 12 of Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act'). 2.

Issue notice. Mr. Naresh Kumar Chahar, APP accepts notice on behalf The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the State.

3.

Brief facts of the present case are that on 14.04.2003, the respondent no. 2/complainant had married the son of the petitioner herein. After almost 15 years, several disputes arose between the son of the petitioner and respondent no. 2 over respondent no. 2's adulterous relationship with her former colleague, namely, Mr. Mehaboob Khan and then respondent no. 2 had left the residence of the petitioner on 16.03.2018. On 17.03.2018, respondent no. 2 had filed a complaint bearing CC No. 3503/2018 under the Protection of Women against Domestic Violence Act, 2005 against the petitioner, his son and wife. On 26.10.2018, a police complaint had been lodged by the respondent no. 2 alleging that the petitioner had sent a obscene photograph to the son of respondent no. 2, pursuant to the said complaint, the present FIR came to be registered. 4.

The petitioner and the respondent no. 2 are present before this Court and have been identified by their counsels and Investigating Officer (IO) concerned.

5.

The learned counsel for the petitioner states that during the pendency of the present petition, the accused and the complainant have amicably settled the present matter vide Memorandum of Understanding dated 26.05.2025 and therefore, the matter be taken up today and the FIR bearing no. 653/2018 may be quashed.

6.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that she The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has no objection if the present FIR is quashed. 7.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and 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. 8.

Accordingly FIR bearing no. 653/2018, registered at Police Station Saket, for the commission of offences punishable under Sections 293 and 506 of IPC and Section 12 of POCSO Act and all consequential proceedings emanating therefrom are quashed.

9.

It is clarified that the parties will abide by the terms and conditions entered into between them vide Memorandum of Understanding dated 26.05.2025.

10.

In view of the above, the application stands disposed of. 11.

It is clarified that the next date of hearing in the above-captioned petition, i.e., 22.09.2025 also stands cancelled. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 29, 2025/vc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.