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High Court of DelhiW.P.(CRL)/3623/2025

Nabin Jha & ORS. v. State (N C T Of Delhi) & ANR.

2025-11-07Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3623/2025 NABIN JHA & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr.

Kashish, Ms Aditi Chopra, Mr.

Lokesh Nath Jha and Mr. Kamaldeep, Advs.

versus STATE (N C T OF DELHI) & ANR.

.....Respondents Through:

Mr. Anand V. Khatri, ASC for the State with Mr.

Adietya Khatri Advocate along with WSI Monika PS Mandawali.

R-2 with her counsel Mr Rohit Manchanda , Mr Davinder Pal, Mr Hunny and Mr Ronak, Advs.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.11.2025 CRL.M.A. 32602/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 3623/2025 3.

By way of the present writ petition, the petitioners seek quashing of the FIR bearing No. 0275/2015, registered at Police Station Mandawali Fazal Pur, New Delhi, for the commission of offences punishable under Sections 64(1) of the Bhartiya Nyaya Sanhita, 2023 (hereafter 'BNS‟) and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter „POCSO Act‟).

4.

Issue notice. The learned ASC accepts notice on behalf of the State. 5.

All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned from Police Station Mandawali Fazal Pur, New Delhi. 6.

Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized at Delhi on 10.03.2014, in accordance with Hindu rites and rituals. It is stated that when respondent no. 2 had gone for medical check-up during her pregnancy, the Doctor concerned upon realising that she was a minor had informed the Police, whereafter, the present FIR was registered against the petitioners. It is further stated that at present, the victim, who is present before this Court has stated that she is happily married, and was more than 17 years of age at the time of marriage. It is also stated that she is presently more than 18 years of age and is pregnant. Her mother is also present before this Court. 7.

On a query made by this Court, respondent no. 2, who has been identified by the IO, has categorically stated that the parties have been living together since the date of their marriage i.e. 10.03.2024. Therefore, she has no objection if the present FIR is quashed.

8.

In view of the above, that 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Accordingly, FIR bearing No. 0275/2015, registered at Police Station Mandawali Fazal Pur, New Delhi, for the offences punishable under Sections 64(1) of the BNS and Section 6 of POCSO Act and all consequential proceedings emanating therefrom are quashed. 10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J NOVEMBER 07, 2025/A The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.