Raghubir Chauhan v. The State (NCT Delhi) And ORS.

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 125/2025 & CRL.M.A. 706/2025, CRL.M.A. 4970/2025 RAGHUBIR CHAUHAN .....Petitioner Through:

Ms.

Rishika Nagpal, Advocate.

versus THE STATE (NCT DELHI) AND ORS. .....Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Bharat Singh, PS Uttam Nagar.

Mr.

Suyash Pandey, Advocate for Respondents No.2 and 3. Prosecutrix in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 11.08.2025 1.

The present petition is filed by the petitioner seeking quashing of FIR No. 988/2014 dated 01.09.2014, registered at police station Uttam Nagar for the offences under Sections 451/323 of the Indian Penal Code, 1860 ('IPC') and Section 8 of the Protection of Children from Sexual Offence Act, 2012 ('POCSO Act').

2.

The victim is present in the Court, and on being asked, she states that the allegations made against the petitioner were true. She however states that she does not wish to pursue the proceedings because of inordinate delay.

3.

Serious allegations were made by the victim against the petitioner in regard to sexual assault.

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 14/08/2025 at 11:54:05

4.

The alleged offences are not of such nature which can be quashed merely because the victim has decided not to pursue the case.

5.

At this stage, the learned counsel for the petitioner seeks liberty to withdraw the present petition.

6.

In view of the same, the present petition is dismissed as withdrawn.

7.

It is important to note that the FIR was registered way back in the year 2014 and the trial is still not complete. Section 35 of the POCSO Act provides for recording of the victim's evidence within thirty days of the Special Court taking cognizance and also stipulates that the Special Court shall endeavour to complete the trial within a period of one year from the date of taking cognizance.

8.

Considering the same, the learned Trial Court is requested to expedite the recording of evidence and endeavour to conclude the trial expeditiously in terms of Section 35 of the POCSO Act. AMIT MAHAJAN, J AUGUST 11, 2025 DU 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 14/08/2025 at 11:54:05