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High Court of DelhiCRL.M.C./3540/2025

Sachin And ORS v. The State NCT Of Delhi And ORS.

2025-09-24Hon'Ble Mr. Justice Ajay Digpaul3 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3540/2025 & CRL.M.A. 15620/2025 SACHIN AND ORS .....Petitioners Through:

Mr. Shubham Asri, Mr. Abhijeet Rai, Mr. Anmol Sharma and Mr. Gaurav Verma and Hardik Aggarwal and Ms. Rinku Parewa, Advs.

with the petitioners in person.

versus THE STATE NCT OF DELHI AND ORS.

.....Respondents Through:

Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv.

Respondents no. 2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 24.09.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed by the petitioners praying for quashing of FIR no. 08/2020 registered at Police Station Sarai Rohilla for offences punishable under Sections 363/366/376 of the Indian Penal Code, 1860 (hereinafter "IPC") and Sections 6/21 of the Protection of Children from Sexual Offences, Act, 2012. 2.

The brief facts of the case are that on 11.01.2020, the complainant reported that his younger sister, aged about 17 years, had gone missing from home around 2:00 p.m. without informing anyone. He suspected that one Sachin (petitioner no. 1), who was acquainted with her, had enticed and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

taken her away. Based on this complaint, the police registered the instant FIR. The case alleged that Sachin had kidnapped the minor girl with the intent to compel or seduce her into illicit relations and had committed sexual assault upon her, thereby attracting the penal provisions. 3.

Learned counsel appearing on behalf of the petitioners submitted that the chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondents no. 2 and 3 have now settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. Petitioner no. 1 and respondent no. 3 are now married and are residing together. They also have a child born from the said wedlock. Learned counsel further submits that both respondent no. 2 (brother of the victim) and respondent no. 3 (victim) have given their statements (under Section 161 and 164 of the CrPC) to the effect that they have no interest in pursuing the instant matter and are now focusing on the future.

4.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 5.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

6.

Heard learned counsel for the parties and perused the record. 7.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Sarai Rohilla. Respondents no. 2 and 3 are also present in the Court and has been identified by their counsel and the Investigating Officer. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Keeping in view the fact that petitioner no. 1 and respondent no. 3 (victim) are married, have a child together, respondent nos. 2 & 3 have given their statements (under Section 161 and 164 of the CrPC) to the effect that they do not want to pursue the instant FIR any further. Further, statements have also been made by respondent no. 3, today, before this Court that she married petitioner no. 1 out of her own free will and she eloped with petitioner no. 1 as she wanted to marry him since her mother was not agreeing to the same. She has also submitted that she is living happily with the petitioner no.1. Considering the same, this Court is of the view that no fruitful purpose would be served by keeping the matter pending.

9.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

10.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR no. 08/2020 registered at Police Station Sarai Rohilla for offences punishable under Sections 363/366/376 of the IPC and Sections 6/21 of the Protection of Children from Sexual Offences Act, 2012, and consequent proceedings emanating therefrom, are quashed qua the present petitioner. 11.

The petition alongwith pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J SEPTEMBER 24, 2025 Sk/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.