IMPORTANT POINT
The court exercised its jurisdiction under Section 482 Cr.P.C and considered the humanitarian approach to prevent the ruin of the lives of the petitioner, the prosecutrix, and their child.

ORDER

1. This is a petition filed seeking quashing of the FIR No. 528/2021 dated 29.08.2021 registered under Section 363/366/376 IPC read with Section 6 POCSO Act at PS Moti Nagar and consequential proceedings emanating therefrom.

2. As per the FIR, the father of the minor girl registered a complaint regarding his missing daughter on 29.08.2021 at around 11 p.m. It was alleged that his daughter, a minor has been kidnapped. However, after the missing person's report was filed, the girl was found after 1 year, wherein she was married to the petitioner.

3. Mr. Gupta, learned counsel for the petitioner states that the petitioner and respondent were in love. Subsequently, they got married on 11.08.2021. The petitioner and the respondent No.2 had also one child born out of the wedlock.

4. It is stated by Mr. Gupta, learned counsel for the petitioner that the petitioner and the respondent No.2 are happily married and at that point in time were in love with each other. It is only after marriage that they entered into physical relationship.

5. I am of the view that in the present case, the petitioner and the prosecutrix are happily married and also have a child. The prosecutrix had on her own accord run away from the house. The prosecutrix has categorically supported that fact that the petitioner and prosecutrix were in a relationship. Subsequently, the petitioner has built a matrimonial life with the prosecutrix. In case the present FIR is not quashed, three lives will be ruined.

6. This court in CRL.M.C. 27/2022 titled as "Kundan & Anr. vs State & Ors.," has observed:

"7. Ordinarily the High Courts must show restrain in quashing FIRs for offences under Sections 376 IPC and POCSO Act. In the instant case the FIR was registered under Section 363 IPC and Section 376 IPC and Section 6 of the POCSO Act were added later on. The victim/Petitioner No.2 has stated in her 164 statement that she was in love with the Petitioner No.1 and she eloped with him out of her own volition. It is stated they got married in a temple in Uttar Pradesh on the very next day and the Petitioner No.2/victim has given birth to a baby boy. The families of the Petitioners No.1 & 2 have accepted the marriage.

8. Considering the fact that the whole life of Petitioner No.1 and Petitioner No.2 and their child would be ruined, this Court asked the learned APP as to whether she has any objections if this Court exercises its jurisdiction under Section 482 Cr.P.C and quash the FIR. Learned APP for the State very fairly and taking humanitarian approach stated that she has no objections if the instant FIR is quashed."

7. The petitioner is present in Court and has been identified by Mr. Rohit Gupta, learned counsel.

8. The respondent No.2 is also present in Court and has been identified by SI Prachi Ahlawat, PS Moti Nagar.

9. The parties state that they have arrived at the above said settlement out of their own free will and without any undue influence, threat, pressure or coercion.

10. The respondent No.2 has no objection if the present FIR is quashed.

11. Even though the complainant has not been made a party to the proceedings, he is present in the Court and has been identified by the I.O. The complainant states that he has no objection as his daughter i.e., respondent No.2 is happily married to the petitioner. They also have a minor child.

12. In the aforesaid terms and in view of the peculiar facts and circumstances of this case, I am inclined to quash the FIR No. 528/2021 dated 29.08.2021 registered under Section 363/366/376 IPC read with Section 6 POCSO Act at PS Moti Nagar and all consequential proceedings emanating therefrom are hereby quashed.

13. The petition is disposed of in the aforesaid terms.