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High Court of DelhiCRL.M.C./7970/2025

Vishal v. State (Govt Of NCT) Delhi & ORS. & ORS.

2025-11-12Hon'Ble Mr. Justice Ajay Digpaul4 pages

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7970/2025 & CRL.M.A. 33340/2025 VISHAL .....Petitioner Through:

Mr. R.K. Solanki, Mr. Subhash Kumar Anand and Ms. Vanita, Advs.

Petitioner in person.

versus STATE (GOVT OF NCT) DELHI & ORS. & ORS. .....Respondents Through:

Mr. Satish Kumar, APP for State with Ms. Upasna Bakshi, Adv.

SI Jitender Kumar, PS Nangloi Respondents in person.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 12.11.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC.")] has been filed by the petitioner praying for quashing of FIR No.958/2022, registered at Police Station - Nangloi on 13.12.2022, for offences punishable under Sections 363/376 of the Indian Penal Code, 1860 (hereinafter "IPC") read with Section 6 the Protection of Children from Sexual Offences Act, 2012. 2.

The brief facts of the case are that respondent no. 2/complainant reported that his daughter went missing from his residence on 12.12.2022, pursuant to which FIR No.958/2022 was registered. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

It is, however, stated that on 22.12.2022, the petitioner and respondent no.3, who is the daughter of respondent no.2, got married according to the Hindu rites and ceremonies at Agra, Uttar Pradesh. Respondent no.3 was recovered from the house of the petitioner on 03.12.2022 and the petitioner was arrested. Later, respondent no.3 made a statement that she had fallen in love with the petitioner and had left her home to meet the petitioner. On 04.02.2024, in the presence of respondent no.2 and the family members of the petitioner, the marriage of the petitioner and respondent no.3 was again solemnized at Delhi. Now, the petitioner and respondent no.3 are living together as husband wife.

4.

Learned counsel for the petitioner submits that the chargesheet has already been filed against the petitioner. It is further submitted that the petitioner and respondents no. 2&3 have amicably settled their disputes and are desirous of leading a peaceful and harmonious life, respondent no.3 now being the wife of the petitioner.

5.

A Memorandum of Understanding (hereinafter "MoU") dated 06.02.2025 has been executed between the parties, which is on record and annexed as Annexure-D. In terms thereof, respondents no. 2&3 have agreed to withdraw the case arising out of FIR No.958/2022, registered at Police Station - Nangloi against the petitioner.

6.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the MoU. 7.

Heard. Issue notice.

8.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

9.

Heard learned counsel for the parties and perused the record. 10.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station - Nangloi. Respondents no. 2&3 are also present in the Court and have been identified by the counsel and the Investigating Officer. 11.

Upon a query put forth by this Court, respondents no.2&3 have categorically stated that they have entered into the compromise of their own volition and without any coercion or undue influence. It has further been stated that the entire dispute stands amicably resolved between the parties. They affirmed that the said settlement has been arrived at for securing their future and, as a matter of prudence, the parties have decided to put a quietus to the present proceedings.

12.

Keeping in view the fact that the matter stands amicably settled between the petitioner and respondents no. 2&3 without any pressure, no fruitful purpose would be served by keeping the matter pending. Further, respondent no. 3 has categorically stated that she was in love with the petitioner, left her parental home to be with him and married him. She has placed on record an affidavit thereby stating her no-objection to the quashing of the instant FIR.

13.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

14.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No.958/2022, registered at Police Station - Nangloi, for offences punishable under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sections 363/376 of the IPC read with Section 6 the Protection of Children from Sexual Offences Act, 2012, and consequent proceedings emanating therefrom, are quashed qua the present petitioner. 15.

The petition along with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J NOVEMBER 12, 2025/AS/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.