Manoj v. State Of Delhi & ANR.

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6096/2024, CRL.M.A. 23343/2024 MANOJ .....Petitioner Through:

Mohd. Shamikh, Adv.

versus STATE OF DELHI & ANR.

.....Respondent Through:

Mr. Satinder Singh Bawa, APP for the State with WSI SUrabhi PS Mandawali

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.08.2024 CRL.M.A. 23344/2024 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The application is accordingly disposed of.

CRL.M.C. 6096/2024 3.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of the case arising out of FIR bearing No. 166/2020, registered at Police Station Mandawli, Delhi, for offences punishable under Sections 376 IPC & 4/6 POCSO ACT.

4.

Issue notice. Learned APP accepts notice on behalf of the State. 5.

A request for quashing of the FIR has been made on account of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Settlement inter se the parties. It is stated that the petitioner and the respondent No. 2 got married on 05.10.2020 and the parties entered the Settlement Deed on 29.07.2024 and the petitioner and the respondent No.2. . It is stated that two children were born out of the said wedlock. In view of the settlement, the present petition has been filed. 6.

The petitioner No. 1 and the respondent No. 2 are present in person, and have been identified by their counsel and Investigating Officer concerned.

7.

Today, the complainant who is present in Court states that she has no objection if the FIR is quashed. The parties endorse the Settlement and state that they shall remain bound by it.

8.

Learned APP appearing on behalf of the State has opposed the quashing on the ground that the according to the school certificate, the girl was a minor at that time and was only 14 years old. 9.

Submissions heard.

10.

The petitioner and Respondent No. 2 came to know each other as they lived in close vicinity. They developed love which eventually resulted in a marriage, from which they have two children. In view of the above facts, whereby the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question. 11.

Accordingly FIR bearing No. 166/2020, registered at Police Station Mandawli, Delhi, for offences punishable under Sections 376 IPC & 4/6 POCSO ACT and all consequential proceedings emanating therefrom, are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed.

12.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 7, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.