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2023 Supreme(Del) 3462

SAURABH BANERJEE
Rihan @ Noor Mohammad – Appellant
Versus
State (Govt. of NCT Delhi) – Respondent


Advocates appeared:
Mr. Mobin Akhtar, Advocate with petitioner in person, for the Petitioner.
Mr. Ajay Vikram Singh, APP, for the State.
Respondent No.2 in person.

JUDGMENT

1. Present petition has been filed by petitioner seeking quashing of FIR No.281/2016, dated 29.06.2016 under Section(s) 376/506 of the Indian Penal Code, 1860 and Section(s) 4/6 of Protection of Children from Sexual Offences Act, 2012, P.S. Gandhi Nagar, Delhi and all the proceedings emanating therefrom, in view of the settlement recorded in the form of a Compromise Deed dated 15.02.2023, inter-se the petitioner and respondent no.2.

2. As per FIR, the complainant/prosecutrix was taken to a Doctor after having pain in her stomach and an ultrasound revealed that she was six months pregnant. The aforesaid led to the registration of the FIR, as per which an individual @Rihan, the petitioner herein, had forcefully established physical relations with her.

3. During the course of addressing arguments, the learned counsel appearing for the petitioner submits that the complainant/prosecutrix has since married the petitioner on 04.04.2018 i.e., prior to the completion of two years of the registration of the FIR. Not only that, today they are happily living together and have also been blessed with two male children, namely Master Ayan and Master Azhar. Thereafter, he has also hand

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