Dharmender Aggarwal v. The State Of NCT Of Delhi & ORS.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3263/2024 DHARMENDER AGGARWAL .....Petitioner Through:

Ms. Jahanvi Worah and Mr. Rajat Oswal, Advocates versus THE STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State.

Respondent nos. 2 to 4-in-person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 05.05.2026 1.

By way of the present petition, the petitioner seeks quashing of the FIR bearing no. 626/2019, registered at Police Station Nand Nagri, Delhi, for the commission of offence punishable under Sections 363/376 of the Indian Penal Code, 1860 (hereafter 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') and all consequent proceedings emanating therefrom.

2.

All the petitioners and respondent nos. 2 to 4 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned from Police Station Nand Nagri, Delhi. 3.

Brief facts of the case are that on 18.10.2019, the victim's maternal grandfather had lodged a complaint alleging that his 13-year-old The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

granddaughter had gone to MCD toilet on 14.10.2019 and had not returned. Subsequently, on the complaint of the complainant, the present FIR was registered against the petitioner under relevant sections of law. It is stated that on 06.01.2021, the victim was recovered from Ghaziabad along with the petitioner and the accused was arrested. Further, the victim in her statements recorded under Sections 161 and 164 of Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C.') stated she was in a consensual relationship with the petitioner and had gone with him voluntarily and had physical relations with him. It is also stated that investigation confirmed that the victim was 13 years old at the time of the incident. Further, it was also found that the victim and the petitioner had married and were living together, having two children.

4.

The learned counsel appearing on behalf of respondent nos. 2 to 4 alongwith respondent nos. 2 to 4, states that they have no objection, if the FIR is quashed, since petitioner and respondent no. 4 were married in the year 2019 and living together.

5.

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. 6.

Accordingly, FIR bearing no. no. 626/2019, registered at Police Station Nand Nagri, Delhi, for the commission of offence punishable under Sections 363/376 of IPC and Section 6 of POCSO Act and all consequent proceedings emanating therefrom are quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

In view of above, the present petition stands disposed of. 8.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 05, 2026/zp/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.