Shyam Kumar Choudhary v. The State NCT Of Delhi And ANR

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7350/2025 SHYAM KUMAR CHOUDHARY .....Petitioner Through:

Mr. Jai Subhash Thakur, Advocate with petitioner in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr.Digam Singh Dagar, APP for the State with SI Aarti Yadav PS Kapashera and ASI Laxmi. Respondent no. 2 in person.

CORAM:

HON'BLE MS. JUSTICE SHAIL JAIN

O R D E R

% 15.10.2025 1.

This hearing has been done through hybrid mode. 2.

The petitioner in the present petition under Section 482Cr.P.C/528 BNSS seeks quashing of FIR No. 221/2023 dated 29.05.2025 registered under Sections 376 IPC at Police Station Kapashera, Delhi and all proceeding emanating therefrom, in view of the fact that the parties have settled all their disputes amicably and are now living together. 3.

This petition is supported by affidavits of petitioner and of Respondent no.2, along with proofs of their respective I.Ds. 4.

Petitioner as also Respondent no.2 are present in Court and have been identified by the IO. Their credentials have been verified by this Court. 5.

Issue Notice.

6.

Learned APP for the State accepts notice. He confirms that she has no objection to the quashing of the FIR.

7.

Respondent no.2 confirms that she has voluntarily settled all her disputes with the petitioner of her own accord without any duress, coercion or pressure. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 11:56:02

She further states that she does not wish to pursue the criminal proceedings against the petitioner and has no objection to the quashing of the present FIR. 8.

In view of the facts that the disputes arise out of FIR which was lodged on the statement of respondent no. 2, who was a minor at the time of the alleged incident. The petitioner and respondent no.2 were known to each other and later developed a relationship. Thereafter, they got married on 13.12.2023 at Arya Samaj Mandir, Rohini, Delhi, according to Hindu rites and ceremonies and are presently residing together as husband and wife. Out of their wedlock, a girl child was born on 27.07.2024, who is now about 13 months old. 9.

Settlement has been arrived at between the parties, and as the respondent no.2/ prosecutrix does not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes and for the well-being of the child and following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. Vs. Babita Raguvanshi & Anr (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab &Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.

10.

Accordingly, the petition is allowed and FIR No. 221/2023 dated 29.05.2025 registered under Sections 376 IPC at Police Station Kapashera, Delhi and all proceeding emanating therefrom are quashed. 11.

The petition alongwith the pending application stands disposed of. SHAIL JAIN, J.

OCTOBER 15, 2025/kp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 11:56:02