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High Court of DelhiCRL.M.C./7249/2025

Txxx v. The State Govt Of NCT Of Delhi & ANR.

2025-10-13Hon'Ble Mr. Justice Arun Monga4 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7249/2025 and CRL.M.A. 30400/2025 TXXX .....Petitioner Through:

Mr.

Nasimuddin, Advocate with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Shailly Jain.

Mr. Parwez and Mohd. Shahdab Abbasi, Advocates for respondent no.2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 13.10.2025 1.

Petitioner herein seeks quashing of an FIR No. 343/2024 dated 18.05.2024 under Sections 354, 354A, 354D, 323, 506, 509 of the IPC and Section 8 of POCSO, registered at Police Station Dayal Pur, Delhi, along with any consequential proceedings arising therefrom, on the basis of a compromise. Complainant is now legally married wife of the petitioner and present in Court and supports the instant petition. 2.

The complainant/respondent no. 2, aged 17 at the time of the incident, alleged that on 13.05.2024, the petitioner, known to her, forcibly took her on his motorcycle to a restaurant, where he threatened and assaulted her. Out of fear, she did not disclose the incident for several days and later confided in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

her mother, following which a written complaint was lodged with the police, leading to the registration of the FIR in question. 3.

Learned counsel for the petitioner submits that the parties have now amicably settled the matter vide MoU/ Compromise Deed dated 19.08.2025. 4.

He further submits that, it was sheer misunderstanding that led to the present FIR as both petitioner and respondent no.2 were dating each other. Respondent no. 2, upon attaining the age of majority, married the petitioner on 25.06.2025 in accordance with Muslim rites and customs. The couple is now leading a peaceful matrimonial life and he thus submits that any further continuation of proceedings would be a futile exercise. 5.

Learned counsel for respondent no.2 and learned APP for the State both concur with the factum of compromise. Learned counsel for respondent no.2 submits that, pursuant to the settlement, the proceedings deserve to be quashed.

6.

In the aforesaid backdrop, I have heard learned counsel for the parties as well as perused the case file.

7.

The parties are present in Court, and I have interacted with them. Upon a query put to respondent no.2, she candidly submits that she has amicably resolved her differences with the petitioner and has entered into the settlement of her own free will, without any pressure, coercion, or undue influence. She further states that the allegations levelled at the relevant time arose out of a misunderstanding, which resulted in registration of cross FIRs as she had erroneously doubted the intentions of the petitioner and misconstrued the physical contact as a sexual overture. Subsequently, it so transpires that the complainant herself developed love and affection for him and has subsequently got married to him in accordance with Islamic Law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

She further that they are currently residing together as husband and wife and enjoying the matrimonial bonhomie and the pendency of the proceedings is coming in the way of their living peaceful and tranquil life. 8.

Upon hearing the parties and examining the nature of the dispute, it appears that the FIR was lodged out of a misunderstanding. Even on a plain reading, and in light of the candid statements of parties, it appears doubtful whether the essential ingredients of the offences invoked under the penal provisions are satisfied. In light thereof, I am of the view that the petition deserves to be allowed on that count as well. 9.

Be that as it may, given that the dispute has been resolved, continuing with the criminal proceedings would serve no useful purpose, would be a drain on judicial resources, and may instead cause undue hardship to the couple in maintaining a peaceful matrimonial life, thus defeating the very purpose of the settlement.

10.

Moreover, the respondent no.2 does not wish to press charges against the petitioner and there is no incriminating material against him, coupled with the fact that the couple is now enjoying their matrimonial bliss after having buried all their differences, further criminal proceedings would amount to an abuse of the process of law. In the premise, this is a fit case for invoking inherent powers vested with this Court under Section 528 BNSS, 2023 and it is thus deemed expedient to quash the FIR in question. Reference may also be made to the judgment of the Supreme Court in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303]. 11.

Accordingly, the FIR No. 343/2024 dated 18.05.2024 under Sections 354, 354A, 354D, 323, 506, 509 of the IPC and Section 8 of POCSO, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered at Police Station Dayal Pur, Delhi, along with all consequential proceedings arising therefrom, are hereby quashed. 12.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J OCTOBER 13, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.