ORDER :

1. Leave granted.

2. The appeal challenges the order dated 13th December, 2021 passed by the High Court of Delhi at New Delhi in Criminal Revision Petition No. 301 of 2021, whereby the High Court has dismissed the revision filed by the appellant challenging the order passed by the learned Additional Sessions Judge (SFTC-01), West District, Tis Hazari Courts, Delhi rejecting the application filed by the present appellant for discharge.

2. A complaint was lodged by the prosecutrix to the effect that she had come to Delhi for preparation of competitive exam, where she came in contact with the accused.

3. It is alleged that in October, 2015, the accused expressed interest in establishing a physical relationship with her. It is stated that she initially refused to it, but thereafter under the promise that the appellant has the intention to marry her, she entered into sexual relationship with him.

4. However, subsequently in 2019, the brother of the accused informed the complainant that the accused did not have the intention to marry her.

5. Learned counsel for the appellant states that the complaint made by the first informant itself would reveal that the physical relations were consensual and were continuing for number of years also. He, therefore, submits that the case under Section 376 of the Indian Penal Code would not be made out.

6. He, however, submits that now even the first informant is not interested in prosecuting the matter further.

7. It is stated in the affidavit dated 07th October, 2023 filed by the first informant that she has now married and leading a peaceful marital life with her husband. It is, therefore, stated that in order to lead her life peacefully, she is not interested in prosecuting the present proceedings.

8. Ordinarily, in the given set of facts and circumstances, we would not have entertained such a petition. However, taking into consideration the peculiar facts and circumstances of the present case and particularly that continuation of the criminal proceedings would prejudice the interest of the first informant herself, inasmuch she would be compelled to attend the proceedings which she does not want to wish to proceed further, we are inclined to exercise of our extraordinary powers under Article 142 of the Constitution of India to give an end to the criminal proceedings.

9. The appeal is thus allowed, the impugned judgment and order dated 13th December, 2021 is quashed and set aside.

10. All the proceedings initiated pursuant to the FIR No. 265 of 2020 dated 07th July, 2020 registered at Police Station Ranjit Nagar, Delhi under Section 376 of the Indian Penal Code are quashed and set aside.

11. Pending application(s), if any, stand disposed of.