JUDGMENT :

Subramonium Prasad, J.

1. The petitioner has filed this petition under Section 482 CrPC for quashing FIR No. 389/2019 dated 22.11.2019 registered at Police Station Patel Nagar for offences under Section 377 IPC read with Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act).

2. The respondent No. 2/complainant filed the instant FIR stating that he is a resident of H. No. 26/70 Ist floor, West Patel Nagar, Central Delhi working as a mason and stays with his son aged seven years. He stated that on 20.11.2019, he returned after finishing his work at 8.00 p.m., and found his son crying. When he enquired from his son, his son told him after he left for work at 2.00 p.m., the accused who stays in the same building had come and sodomised him.

3. It is stated in the complaint that the underwear of the child was wet with blood. The FIR was lodged on 21.11.2019 and on completing investigation, the final report has also been filed stating that there is enough material to proceed against the petitioner for offences under Section 377 IPC and Section 4 POCSO Act.

4. The instant petition has been filed for quashing of the FIR primarily on the ground that due to interv