Manish Paswan & ANR. v. State NCT Of Delhi And ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6447/2024 MANISH PASWAN & ANR.

.....Petitioners Through:

Appearance not given versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with Ms. Puja Mann and Mr.

Sandeep Sinhmar, Advocates alongwith SI Himani, PS Gandhi Nagar Mr. Nitesh Saini, Advocate for R-2 alongwith R-2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 27.02.2026 CRL.M.A. 24649/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of CRL.M.C. 6447/2024 & CRL.M.A. 24648/2024 3.

By way of the present petition, the petitioners seek quashing of the FIR bearing No. 592/2022, registered at Police Station Gandhi Nagar, Delhi, for the commission of offences punishable under Sections 363/366/376 of the Indian Penal Code, 1860 and Section 6 of POCSO Act, 2012 (hereafter 'IPC').

4.

Issue notice. 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.

5.

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station, Gandhi Nagar, Delhi.

6.

Brief facts of the case are that on 13.11.2022, a PCR call was made by the father of the prosecutrix alleging that his daughter aged about 17 years had gone missing. That pursuant thereto, FIR No. 592/2022 dated 14.11.2022 was registered at P.S. Gandhi Nagar, Shahdara under Section 363 IPC. That the prosecutrix was recovered on 16.03.2023 from Village Banmankhi, Bihar and brought to Delhi. Thereafter, her medical examination was conducted which recorded no history or complaint of physical or sexual assault. Further, her statement under Section 164 Cr.P.C., she stated that she had voluntarily left her home due to parental harassment and went to the mother of Petitioner No. 1. Further, she stated before the CWC that as per her Aadhaar Card (DOB 01.01.2002) she was major, and was thereafter placed at CCI Ross Udan Home.

Subsequently, her medical examination revealed a pregnancy of approximately 10 weeks and 5 days. Further, in her supplementary statement under Section 164 Cr.P.C., she stated that she had consensual physical relations with Petitioner No. 1 and refused to terminate the pregnancy and stated that she had married Petitioner No. 1 in a temple and was residing with him as his wife and the Marriage Certificate has also been placed on record. That charge-sheet under Sections 363, 366, 376 IPC and Section 6 of POCSO Act was filed on 24.05.2023; the accused is on bail and both are presently living together with their minor son while the trial is pending.

7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compromise out of her own free will and without any pressure, coercion or threat and both the parties are living together. Therefore, she has no objection if the present FIR is quashed.

8.

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. 9.

Accordingly, FIR bearing No. 592/2022, registered at Police Station Gandhi Nagar, Delhi, for the commission of offences punishable under Sections 363/366/376 of Indian Penal Code, 1860 ('IPC') and Section 6 of POCSO Act, 2012 and all consequential proceedings emanating therefrom are quashed.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J FEBRUARY 27, 2026/rr/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.