CRL.M.C./1465/2022 of PRADEEP KUMAR Vs THE STATE & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1465/2022 & CRL.M.A. 6348/2022

PRADEEP KUMAR

..... Petitioner

Through: Mr.Rajat Aneja, Ms.Chandrika Gupta, Advs.

versus

THE STATE & ANR.

..... Respondents

Through: Ms.Priyanka Dalal, APP with SI Jitendra. Respondent no.2 in person.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAO R R01.02.2024

1.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No. 273/2020 registered at Police Station: Hazrat Nizamuddin, New Delhi under Section 376 of the Indian Penal Code, 1860 (in short, ‘IPC’) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, ‘POCSO Act’) along with all other proceedings arising therefrom.

2.The learned counsel for the petitioner submits that parties have amicably settled the disputes and petitioner and respondent no.2 have married each other on 19.10.2020 and are residing happily together and are blessed with child.

3.The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer, does not oppose the present

petition and reiterates that the dispute has been amicably settled out of her own free will and without any coercion, and affirms the above averments and submits that she has no objection if the present FIR is quashed.

4.I have perused the contents of the FIR and also the settlement between the parties.

5.Considering the above submissions and the fact that the parties are happily married and have child together, I find that no useful purpose will be served in continuing with the proceedings of the above FIR; it would rather create further acrimony between the parties and would be an unnecessary burden on the state exchequer.

6.Guided by the principles enunciated by the Supreme Court in its judgments in State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335; Gian Singh v. State of Punjab, (2012) 10 SCC 303; Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58; and Kapil Gupta v. State (NCT of Delhi), 2022 SCC OnLine SC 1030, and of this court in Prem Kumar v. The State & Ors. Neutral Citation 2024:DHC:621, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

7.Accordingly, the petition is allowed. Consequently, the FIR No. 273/2020 registered at Police Station: Hazrat Nizamuddin, New Delhi under Section 376 of the IPC read with Section 6 of POCSO Áct and all consequential proceedings emanating therefrom against the petitioner are quashed.

NAVIN CHAWLA, J

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