Ankush v. State Govt Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7276/2024 ANKUSH .....Petitioner Through:

Mr. Mukesh Trivedi and Mr. Rakesh Kumar, Advocates.

versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Hemant Mehla, Ld. APP for the State with SI Anup Rana P.S.

Paschim Vihar.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 13.09.2024 CRL.M.A. 27782/2024 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The application is accordingly disposed of.

CRL.M.C. 7276/2024 3.

Issue Notice.

4.

Learned APP for State accepts Notice of the Petition. 5.

A Petition under Section 482 Cr.P.C has been filed on behalf of the petitioner for quashing of the FIR No.709/2023 under Section 363/376 IPC & Section 6 POCSO Act Police Station Paschim Vihar. 6.

Briefly stated the marriage between the petitioner and respondent No.2 was solemnized on 14.06.2023 according to Hindu Rites and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ceremonies and from the said wedlock one male child was born. The parties could not adjust with each other because of their temperamental differences and the complainant/respondent No.2 got an FIR registered against the petitioner under Sections 363/376 IPC and Section 6 POCSO Act against the petitioner.

7.

It is submitted that both the petitioners and respondent No. 2 have already sorted out their all differences with the intervention of their respected persons of the family and they have left no grudge or grievance against each other in any manner whatsoever. The parties have arrived at a Settlement vide Settlement Deed dated 30.07.2024. Both the parties undertake to abide by the terms of the Settlement Deed arrived at between them. It is submitted that the Settlement has been arrived at without any pressure, force or coercion. Therefore, the Petition be quashed. 8.

The parties are present in the Court and submits that the petitioner was around 22 years old while the prosecutrix was around 17 years of age when they got into a relationship. The prosecutrix had gone missing from her house and missing Report was got registered on 10.05.2023 by the mother of the prosecutrix. Eventually, the petitioner and respondent No.2 were traced and the FIR got registered. Both the parties submits that they had got married on 14.06.2023 and now are living happily together and have an infant child. The complainant/respondent No.2 has no objection if the FIR is quashed against the petitioner on account of the settlement already arrived at between the parties.

9.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 10.

In view of the submissions made and considering that the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

got married and they have a child and are living a happy married life, the Petition is allowed. Accordingly, the FIR bearing No. 709/2023 registered at Police Station Paschim Vihar, for offences punishable under Sections Section 363/376 IPC & Section 6 POCSO Act with all the subsequent proceedings is hereby quashed qua the petitioner. 11.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 13, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.