IMPORTANT POINT
The court can exercise its inherent powers under Section 482 Cr.P.C. to quash FIRs and criminal proceedings, even in non-compoundable cases, based on the specific facts and circumstances of the case, to serve the interests of justice or prevent the misuse of the court process.

JUDGMENT

Rajnish Bhatnagar, J.

1. The present petition has been filed by the petitioner under Article 226 of Constitution of India read with section 482 Cr.P.C for quashing of FIR No. 274/2017 under Sections 363/376 IPC and Section 6 POCSO Act registered at Police Station R.K Puram, Delhi and all other proceedings emanating therefrom.

2. In brief the facts of the case are that on 26.08.2017, the above said FIR got registered on the complaint of respondent no.2/complainant, who is the father of respondent no. 3/victim, against the petitioner wherein it is alleged that the petitioner enticed the daughter of the complainant and took off with her. On the basis of the said complaint the above mentioned FIR was registered under section 363 IPC. During the course of investigation, the victim girl/respondent no.3 came to Police Station Giri and thereafter her statement under section 161 Cr.P.C was recorded. It was stated by her that she left the house of her parents of her own free will because her parents objected to the relationship between her and the petitioner Prem Kumar and also threatened to kill her and the petitioner if she continued to be in contact with him. She further stated that during her time with the petitioner, they stayed at different guest houses and there was also physical relationship between them, with her consent and free will. It was also stated by her that during their time together they also got married, however there is no document, witness or photograph present to support the same. Further, the statement of the victim under section 164 Cr.P.C was recorded wherein she reiterated the facts stated by her in the statement under section 161 Cr.P.C. On further investigation, the age of the victim was verified to be about 16-17 years. On this, Sections 376 IPC and 6 POCSO were added in the present case. Thereafter, the accused was arrested on 12.10.2017.

3. I have heard the learned counsel for the petitioner, learned APP for the state and have perused the records of the case.

4. It is submitted by the counsel for the petitioner that the petitioner and respondent no. 3 were in a relationship because they loved each other. He further submitted that the sexual relationship between the petitioner and respondent no. 3 was made with free consent and will of respondent no. 3. It is further submitted by him that the petitioner and the respondent no. 3 got married in a hotel in Meghalya. He further submits that the petitioner and respondent no. 3 are now blessed with a baby boy and baby girl, aged 5 years and 1 year respectively. He also submits that respondent no. 3 has no objection if the FIR in question is quashed, affidavit regarding the same is also annexed. Lastly, it is submitted by him that both the petitioner and respondent no. 3 were living peacefully and enjoying their matrimonial life, thus, the FIR in question be quashed as it won't serve any fruitful purpose.

5. On the other hand, it is submitted by the learned APP, while opposing the present petition, that this is not a fit case to invoke the inherent jurisdiction of this Court to exercise its power on the basis of compromise arrived at between the parties with respect to an offence not compoundable under Section 320 Cr.P.C.

6. In the instant case, it is clear that the respondent no.3-victim has solemnized marriage with the petitioner and they both are living happily and harmoniously and it is also in the interest of society to settle and re-settle the family for their welfare.

7. The Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, while explaining that the High Court has inherent power under Section 482 of the Code of Criminal Procedure with no statutory limitation, including Section 320 Cr.P.C., has held that these powers are to be exercised, to secure the ends of justice or to prevent abuse of process of any Court and these powers can be exercised to quash criminal proceedings or complaint or FIR inappropriate cases where offender an