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High Court of DelhiCRL.M.C./6102/2025

Shahnabaj & ORS. v. State Govt. Of NCT Of Delhi Through Sho & ANR.

2025-09-01Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6102/2025 SHAHNABAJ & ORS.

.....Petitioners Through:

Mr. Akash, Advocate along with petitioners-in-person.

versus STATE GOVT. OF NCT OF DELHI THROUGH SHO & ANR.

.....Respondents Through:

Mr. Manoj Pant, APP for the State.

Mr. Sohail Khan, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 01.09.2025 CRL.M.A. 25948/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 6102/2025 3.

By way of the present petition, the petitioners seek quashing of the FIR bearing no. 481/2024, registered at Police Station Shastri Park, Delhi, for the commission of offences punishable under Sections 328/376 of the Indian Penal Code, 1860 (hereafter 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act'). 4.

Issue notice. Mr. Manoj Pant, 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, i.e. of Police Station Shastri Park, Delhi.

6.

Brief facts of the case are that on 23.07.2020, petitioner no. 1 had first met respondent no. 2 at his dupatta shop in Gandhi Nagar. On 23.03.2024, respondent no. 2 had filed a complaint against the petitioners before the Deputy Commissioner of Police (North East District). Thereafter, on 02.04.2024, respondent no.2 had filed a complaint under Section 156(3) of Cr.P.C. It is stated that on 06.10.2024, the respondent no. 2 had lodged the present FIR against the petitioners. It is further stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 21.01.2025. 7.

The respondent no. 2/prosecutrix is present before this Court who has been identified by the IO. She states that pursuant to the registration of the FIR, the parties got married. The Nikahnama is on record. The victim further states that she is 20 years old at present. She also states that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated that they have been living together about last about six months, and thus has no objection if the FIR is quashed. 8.

In view of the above, since the parties have amicably resolved their differences 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. 481/2024, registered at Police Station The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Shastri Park, Delhi, for the commission of offences punishable under Sections 328/376 of IPC and Section 6 of POCSO Act and all consequential proceedings emanating therefrom are quashed.

10.

Accordingly, the petition stands disposed of. 11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J SEPTEMBER 01, 2025/zp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.