CRL.M.C. 7825/2023

Page 1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: October 30, 2023

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CRL.M.C. 7825/2023 & CRL.M.A. 29177/2023

SAKH ALAM @ SHEKH ALAM

..... Petitioner

Through: Mr. Amjad Khan, Advocate.

Petitioner through VC.

versus

THE STATE (GOVT. OF NCT,

DELHI) & ANR.

..... Respondents

Through: Mr. Utkarsh, APP for State/R-1

with SI Sarita (Main IO) and SI

Rashmi (Deputed IO), P.S. BHD

Nagar.

Mr. Sumit Kumar, Advocate for

R-2 with R-2 in person.

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

JUDGMENT (oral)

1.

The present petition is filed under section 482 Cr.P.C. for quashing of

FIR bearing no. 0360/2020 dated 20.04.2020 registered under section 376

IPC and section 6 of the Protection of Children from Sexual Offences Act,

2012 (POCSO Act) at P.S. Baba Haridas Nagar along with consequential

proceedings including judicial proceedings stated to be pending in the court

of Sh. Manu Goel Kharb, ASJ (FTSC)(POCSO)-02, Dwarka Courts, New

Delhi/Successor Court.

Digitally Signed

By:JITENDRA

Signing Date:09.11.2023

17:00:49

Signature Not Verified

CRL.M.C. 7825/2023

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2.

Issue notice.

3.

Mr. Utkarsh, Additional Public Prosecutor assisted by the

Investigating Officer SI Rashmi, P.S. Baba Haridas Nagar, accepts notice on

behalf of the State/respondent no. 1. The respondent no. 2 is present in

person alongwith counsel and accepts notice.

4.

The perusal of FIR bearing no. 0360/2020 reflects that it was got

registered on the basis of complaint made by the respondent no. 2 pertaining

to the allegations as mentioned in the FIR wherein the petitioner was

implicated. The petitioner and the respondent no. 2 are identified by their

respective counsel as well as by the Investigating Officer SI Rashmi, P.S.

Baba Haridas Nagar. After completion of investigation, the charge-sheet was

filed under section 376 IPC and section 6 POCSO Act and the trial is stated

to be pending in the court of Sh. Manu Goel Kharb, ASJ (FTSC)(POCSO)-

02, Dwarka Courts, New Delhi/Successor Court.

5.

The respective counsel appearing on behalf of the petitioner and the

respondent no. 2 stated that the petitioner and the respondent no. 2 have

settled their pending disputes and got married on 28.03.2023 at the office of

the Marriage Registrar, Motihari, Bihar vide Registration Certificate bearing

no. 04/2023 and thereafter they are leading a happy married life with mutual

Digitally Signed

By:JITENDRA

Signing Date:09.11.2023

17:00:49

Signature Not Verified

CRL.M.C. 7825/2023

Page 3

love, affection and understanding and have become the parents of one male

child namely Taymur. The respective counsel appearing on behalf of the

petitioner and the respondent no. 2 prayed that under the given facts and

circumstances of the case and after considering the future prospects of the

petitioner and the respondent no. 2, the present petition be allowed and FIR

bearing no. 0360/2020 registered under section 376 IPC and section 6

POCSO Act at P.S. Baba Haridas Nagar be quashed alongwith

consequential proceedings including judicial proceedings stated to be

pending in the court of Sh. Manu Goel Kharb, ASJ (FTSC) (POCSO)-02,

Dwarka Courts, New Delhi/ Successor Court.

6.

The respondent no. 2 stated that she has settled the pending disputes

with the petitioner and got married to him out of her own free will and

without any fear, force and coercion. She further stated that she does not

have any objection if the present petition is allowed and FIR bearing no.

0360/2020 registered under section 376 IPC and section 6 POCSO Act at

P.S. Baba Haridas Nagar is quashed alongwith consequential proceedings

including judicial proceedings stated to be pending in the court of Sh. Manu

Goel Kharb, ASJ (FTSC) (POCSO)-02, Dwarka Courts, New Delhi/

Successor Court.

Digitally Signed

By:JITENDRA

Signing Date:09.11.2023

17:00:49

Signature