Chaman v. State Of NCT Of Delhi And ORS
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2351/2022 CHAMAN .....Petitioner Through:
Mr. Lokesh Kumar Mishra, Mr.
Himanshu Sharma, Mr. Haider Khan, Mr. Saurav Bisht, Mr. Robin Singh, Ms. Swarnika Bhardwaj and Mr.
Devansh Sehgal, Advocates alongwith petitioner in person versus STATE OF NCT OF DELHI AND ORS.
.....Respondents Through:
Mr. Naresh Kumar Chahar, APP for the State with Ms. Puja Mann, Advocate alongwith IO Respondent no. 2 in person
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 26.05.2025 1.
By way of the present petition, the petitioner seeks quashing of FIR No. 602/2021, dated 27.11.2021, registered at Police Station New Ashok Nagar, Delhi, for the commission of offences punishable under Sections 376 of the Indian Penal Code, 1860 (hereafter 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act').
2.
Issue notice. Mr. Naresh Kumar Chahar, 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 is present before this Court and has been identified by his counsel and Investigating Officer (IO) concerned. 4.
Brief facts of the case are that the petitioner and respondent no. 2 had been residing adjacent to each other in a rented accommodation at Dallupura, Delhi. It is stated that petitioner and respondent no. 2 were in love with each other and intended to get married. It is further stated that the petitioner had allegedly promised to marry respondent no.2, and had made physical relations with her. However, when the respondent no. 2 had got pregnant, the petitioner had refused to marry her. On the complaint of respondent no. 2, the present FIR was registered against the petitioner. On 02.07.2022, charge-sheet was prepared against the petitioner and filed before the concerned Court. However, it is now stated that the parties have resolved all their disputes, and have married each other. It is also submitted that parties have one minor child from their wedlock. Since all the disputes have been amicably settled between them, this petition has been filed for quashing of the present FIR.
5.
On a query made by this Court, respondent no. 2 who has been identified by the IO concerned, 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/compromised between them and that they have been living together harmoniously along with their minor child. Respondent no. 2 further states that she has no objection, if the present FIR is quashed. 6.
In the present case, it is relevant to note that the FIR had been registered for commission of offence of rape on false pretext of marriage. However, today, the parties stand married to each other and they are now The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
also the parents of a minor child.
7.
In view of the above, and the fact that the parties have amicably resolved their differences 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.
8.
Accordingly, FIR No. 602/2021, dated 27.11.2021, registered at Police Station New Ashok Nagar, Delhi, for the commission of offences punishable under Sections 376 of IPC and Section 6 of POCSO Act and all consequential proceedings emanating therefrom are hereby quashed. 9.
In view of above, the present petition stands disposed of. 10.
The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 26, 2025/ns 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.