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Sharma, Advs.
Petitioners present in person.
versus THE STATE NCT OF DELHI ..... Respondent Through:
Mr.Satinder Singh Bawa, APP. SI Karambir Singh, PS Aman Vihar.
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA
QUASHING OF FIR - POCSO ACT - SETTLEMENT - [Section 482 CrPC, Section 6 POCSO Act]
Fact of the Case:
Petitioner no.1 and petitioner no.2 were married and had a child. An FIR was registered against petitioner no.1 under Sections 363/366/376 of the IPC and Section 6 of the POCSO Act.
Finding of the Court:
The court found that the petitioner no.2 was in love with petitioner no.1 and had married him out of her own free will and choice. The court also found that the petitioner no.2 was a major and wished to stay with the petitioner as his wife along with their minor child.
Issues: Whether the FIR should be quashed in light of the settlement between the parties.
Ratio Decidendi: The court held that the FIR should be quashed as the petitioner no.2 was a major and had married the petitioner no.1 out of her own free will and choice. The court also considered the fact that the couple had a minor child and that quashing the FIR would be in the best interests of the child.
Final Decision: The court allowed the petition and quashed the FIR.
ORDER
% 04.03.2024
1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0595/2021 registered at Police Station: Aman Vihar, Rohini- District, Delhi under Sections 363/366/376 of the Indian Penal Code, 1860 (in short, ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, ‘POCSO Act’), along with all other proceedings arising therefrom, on the basis of a settlement.
2. The learned counsels for the petitioners submits that the petitioner no.1 and petitioner no.2 are happily married and have also been blessed with a child.
3. The Status Report filed by the respondent states that the fact of the marriage between the petitioners has been duly verified with the concerned authority.
4. I have also interacted with the petitioner no.2, who is present in person in the Court and has been duly identified by the Investigating 22.05.2023 of this Court in Crl.M.C. 2153/2021, titled as Vijay Kumar v. The State Govt. of NCT of Delhi & Anr., wherein, in similar circumstances, this Court held as under:
7. The respondent No. 2 is a major now and wishes to stay with the petitioner as his wife along with their minor child. In this case, if the FIR is not quashed, three lives will be ruined. I am of the view that the minor child must get the due love and affection and upbringing from both the parents.”
6. Accordingly, the petition is allowed. FIR No.0595/2021 registered at Police Station: Aman Vihar, Rohini-District, Delhi under Sections 363/366/376 of the IPC and Section 6 of the POCSO Act and all consequential proceedings emanating therefrom against the petitioner no.1 are quashed. NAVIN CHAWLA, J MARCH 4, 2024/rv/ss Click here to check corrigendum, if any
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