Saurabh v. The State Gnctd & ANR.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8125/2025, CRL.M.A. 33942/2025 SAURABH .....Petitioner Through:

Ms. Bhumika Aggarwal & Sh. Malay Swapnil, Advocates.

versus THE STATE GNCTD & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 17.11.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been filed on behalf of the Petitioner, for quashing of FIR No. 189/2016, u/S 363/ 366/ 376/ 343 of the Indian Penal Code, 1860 ('IPC') and u/S 6 POCSO Act, P.S. Inder Puri, New Delhi, Delhi and all consequential proceedings emanating therefrom. 2.

On the basis of the settlement, a no objection certificate has been filed and placed on record.

3.

According to the case of the Prosecutrix, she, with her own will, went away with the Petitioner no.1 in the year 2017, and thereafter they got married on 03.08.2016. The statement of the prosecutrix under Section 164 Cr.P.C was also to the same effect. The parties submit that they have been residing together since then and have two children from their wedlock. 4.

It is further submitted that the Respondent no.2 had an Aadhar Card reflecting her age as 19 instead of 16 and she also represented to be a major at the time of marriage. These facts were brought to the knowledge of the I.O. even before filing of the charge sheet, despite the same it has been filed. 5.

Hence, quashing of the FIR and charge sheet is sought. Parties are 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 20/11/2025 at 11:40:45

present in Court and state that they have been residing together since 2016 and that they have two children from their wedlock. The Respondent no.2 submits that she had married the petitioner from her own free will and has no objection to the quashing of the FIR.

6.

Considering the circumstances and the statement of the Respondent which is made voluntarily without coercion and pressure, FIR No. 189/2016, u/S 363/ 366/ 376/ 343 IPC and u/S 6 POCSO Act, P.S. Inder Puri, New Delhi, Delhi and the consequent proceedings emanating therefrom are quashed.

7.

The Petition along with pending Applications is disposed of. NEENA BANSAL KRISHNA, J.

NOVEMBER 17, 2025/neha 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 20/11/2025 at 11:40:45