Ashish v. State Gnct Of Delhi & ANR.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2139/2025 ASHISH .....Petitioner Through:

Mr. Montu & Mr. Jagdish Diwakar, Advocates alonwith Petitioner in Perosn.

versus STATE GNCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Std. Counsel with SI Neelsee, PS Nabi Karim.

Appearance not given for R-2.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 22.09.2025 1.

Petitioner herein seeks quashing of an FIR No.242/2025 dated 12.05.2025 for the alleged offences under Sections 376 of IPC & Section 6 of POCSO Act, registered at Police Station Nabi Karim, along with all consequential proceedings arising therefrom. Petitioner and the prosecutrix are now husband and wife residing together.

2.

Per FIR, a complaint was filed by a 24-year-old wife against Ashish (her husband), whom she initially befriended on Facebook. The allegation levelled is that in November 2018, when prosecutrix was a 17-year-old minor, Ashish lured her to a hotel, allegedly drugged her, and committed sexual assault. Following this, coerced her into continued non-consensual physical relations over several years, with incidents noted as recently as W.P.(CRL) 2139/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

January 2025. After Ashish finally broke off contact, telling her that he was done with her, the woman filed the complaint on 12.05.2025, resulting in the registration of an FIR against Ashish under Section 376 of the IPC and Section 6 of the POCSO Act.

3.

Learned counsel for the petitioner submits that the petitioner and respondent no.2 were in a love relationship, and with mutual consent, they developed physical relations before marriage. Due to a misunderstanding, respondent no.2 lodged the FIR on 12.05.2025, adding Section 6 of the POCSO Act on the allegation of an incident in November 2018, when she was about 17 years and 11 months old.

3.1 Learned counsel for the petitioner further submits that after registration of the FIR, both parties resolved their differences and solemnized their marriage on 20.06.2025 as per Hindu rites. They are now living together happily as husband and wife with the blessings of their families. A compromise vide Settlement/Compromise Deed dated 19.05.2025 has been voluntarily reached without any pressure, and respondent no.2 has no grievance against the petitioner. 3.2 Learned counsel for the petitioner submits that the petitioner is a government employee and the continuation of trial would serve no purpose, the pending FIR and proceedings deserve to be quashed. 4.

In response to a Court query, the learned Standing Counsel for Respondent No. 2, on the instructions of IO, concur with the factum of the compromise between the parties and convey his no objection to the quashing of the FIR.

5.

In the aforesaid backdrop, I have heard learned counsels for the parties and have perused the case file.

W.P.(CRL) 2139/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Having heard and considering the nature of the dispute, it appears to be private and personal, arising from a misunderstanding, and lacking any public or societal interest. The matter, which seems to have arisen from misunderstandings between the parties, has since been amicably resolved. 7.

Thus, continuation of criminal proceedings would serve no useful purpose, constitutes an abuse of the process of law, and place an unnecessary burden on the judicial system. In contrast, quashing the FIR in question would promote peace and harmony between the parties, particularly as the parties are residing under the same roof and continuation of the proceedings would result in unwarranted hostility between the parties. 8.

Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the FIR in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303]. 9.

The instant petition is thus allowed. The criminal proceedings arising out of FIR No.242/2025 dated 12.05.2025 for the alleged offences under Sections 376 of IPC & Section 6 of POCSO Act, registered at Police Station Nabi Karim, and further proceedings arising therefrom, are hereby quashed.

10.

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

ARUN MONGA, J SEPTEMBER 22, 2025/rs/nk W.P.(CRL) 2139/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.