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High Court of DelhiCRL.M.C./7571/2025

Ashish Malik And ORS v. State (NCT Of Delhi) And ANR

2025-10-28Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7571/2025 ASHISH MALIK AND ORS.

.....Petitioners Through:

Ms. Murari Tiwari, Mr.Rahul Kumar, Ms. Indira Murthy, Advocates.

versus STATE (NCT OF DELHI) AND ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 28.10.2025 CRL.M.A. 31691/2025 1.

Exemption allowed, subject to all just exceptions. 2.

Application is disposed of.

CRL.M.C. 7571/2025 3.

The Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Petitioners for quashing of the FIR bearing No. 06/2019 under Sections 376/313/109/506 IPC, registered at Police Station Mukherjee Nagar.

4.

The brief facts as narrated in the Petition are that Respondent No.2 was studying in final year in Shyamlal College, Shahdara, Delhi University, she met with Petitioner No.3 who introduced her to Petitioner No.1 for taking assistance with respect to opening of Bank Account. Thereafter, the Petitioner No.1 and Respondent No.2/Complainant started meeting with each other and continued interactions. Over a period of time, they both grew close The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to each other intimately. The Petitioner No1 and Respondent No.2 became much attached with each other and continued ot maintain consensual physical relations as they both were adults. After some time due to stressful situation and miscommunications certain misunderstanding arose between them. Thereafter both Petitioner No.1 and Respondent No.2 tried to resolve their issues but both the parties continued to grow apart. Due to aforesaid disputes between the parties, the Respondent No.2 got registered the present FIR against the Petitioners.

5.

It is submitted that during the pendency of the trial/investigations, both Respondent No.2 and Petitioner No.1 amicably settled all their disputes voluntarily and have decided to get married to each other and do not wish to pursue the matter further. The Petition is supported with NO Objection Affidavit of the Respondent No.2/Complainant. 6.

The Complainant/Respondent No.2 is present in the Court and submits that the allegation of rape was made by her against the Petitioners on account of alleged false promise to marry. She submits that the matter stands amicably settled and has No Objection if the FIR and all the consequential proceedings are quashed. She has been informed that once the FIR is quashed there would be no revival of the same under any circumstances to which she states that she understand and voluntarily states that the FIR may be quashed.

7.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 8.

In view of the submissions made, the Petition is allowed. Accordingly, the FIR bearing No. 06/2019 registered at Police Station Mukherjee Nagar, for offences punishable under Sections 376/313/109/506 of the Indian Penal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua all the accused persons/Petitioners. 9.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J.

OCTOBER 28, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.