$~90 & 91 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26^th February, 2024 + CRL.M.C. 1481/2024 SEEMA RANI KHAKHA ..... Petitioner Through: Mr. Shubhashis Rasik Soren, Mr.

Rahul Kumar & Mr. Harpal Singh, Advocates.

versus STATE (GOVT. OF NCT DELHI) ..... Respondent Through: Ms. Rupali Bandhopadhyay, ASC for State with Mr. Abhijeet Kumar, Advocate along with Insp. Ajit Kumar, SHO, Burari & SI Bharti Singh.

+ CRL.M.C. 1482/2024 PREMODYA KHAKHA ..... Petitioner Through: Mr. Shubhashis Rasik Soren, Mr.

Rahul Kumar & Mr. Harpal Singh, Advocates.

versus STATE (GOVT. OF NCT DELHI) ..... Respondent Through: Ms. Rupali Bandhopadhyay, ASC for State with Mr. Abhijeet Kumar, Advocate along with Insp. Ajit Kumar, SHO, Burari & SI Bharti Singh.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J. (ORAL)

CRL.M.A. 5821/2024 (Exemption) in CRL.M.C. 1481/2024 and CRL.M.A. 5822/2024 (Exemption) in CRL.M.C. 1482/2024

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

Signature Not Verified Digitally Signed By:KAUSHAL CRL.M.C. 1481/2024 & 1482/2024 Page 1 of 19 CRL.M.C. 1481/2024 and CRL.M.C. 1482/2024

3. These petitions have been filed under Section 482 Cr.P.C. on behalf of the Petitioners seeking default bail as well as for quashing the cognizance order dated 08.11.2023 passed by learned Additional Sessions Judge, (FTSC) (POCSO)-01, Central, Tis Hazari Courts, Delhi as well as for seeking quashing of the Charge Sheet filed on 11.10.2023, in case FIR No. 1068/2023 registered under Sections 376(2)(n)/506/509/323/313/120B/34 IPC read with Sections 6/21 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’). For ready reference, the prayers in the petitions are extracted hereunder:-

CRL.M.C. 1481/2024 “Under the circumstance mentioned above it is therefore most respectfully prayed that the Petitioner may be granted default bail in connection with FIR NO.1068/2023, PS:BURARI, DELHI, U/S:- 376(2)(n)/506/ 509/323/313/120B/ 34 OF IPC r/w 6/21 POCSO Act, registered on 13.08.2023, and also grant order for quashing the cognizance order dated 08.11.2023 passed by the Ms. Richa Parihar, Additional Sessions Judge (FTSC) (POCSO)-01, Central, Delhi and also seeking quashing of charge sheet, filed by the I.O on 11.10.2023 before the Ld. Court of Ms. Richa Parihar, Additional Sessions Judge (FTSC) (POCSO)-01, Central, Delhi since the investigation is not complete, in the interest of justice.”

CRL.M.C. 1482/2024 “Under the circumstance mentioned above it is therefore most respectfully prayed that the Petitioner may be granted default bail in connection with FIR NO.1068/2023, PS:BURARI, DELHI, U/S:- 376(2)(n)/506/ 509/323/313/120B/ 34 OF IPC r/w 6/21 POCSO Act, registered on 13.08.2023, and also for quashing the cognizance order dated 08.11.2023 passed by the Ms. Richa Parihar, Additional Sessions Judge (FTSC) (POCSO)-01, Central, Delhi and also seeking quashing of charge sheet no.01 dated NIL, filed by the I.O on 11.10.2023 before the Ld. Court of Ms. Richa Parihar, Additional Sessions Judge (FTSC) (POCSO)-01, Central, Delhi since the investigation is not complete, in the interest of justice.”

4. On account of similitude of facts and legal questions, both petitions are being decided by this common judgment. As per the case of the Signature Not Verified Digitally Signed By:KAUSHAL CRL.M.C. 1481/2024 & 1482/2024 Page 2 of 19 prosecution, on 12.08.2023 the Security Officer of St. Stephens Hospital informed SHO, PS: Burari about the admission of a victim alleging sexual assault by her uncle. The victim in her statement alleged that her father passed away in the year 2020 during COVID-19 and thereafter, she and her mother were very depressed. Victim had family relationship with Premodya Khakha and therefore, after the death of her father, she went to live in his house. Due to COVID, schools closed and classes were online. Her uncle Premodya Khakha forcefully raped her several times and her aunty Seema Khakha u