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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN, J
KANHIAYA JHA – Appellant
Versus
THE STATE, GOVT. OF N.C.T. OF DELHI – Respondent
| Table of Content |
|---|
| 1. facts surrounding the fir registration and victim's return. (Para 1 , 2) |
| 2. victim's statement supporting the petition and her marriage to the petitioner. (Para 3 , 4 , 5 , 6 , 7) |
| 3. legal foundation and implications of quashing fir for non-compoundable offences. (Para 8 , 9) |
| 4. guiding principles from case law regarding settlement acceptance. (Para 10 , 11) |
| 5. nature of the offences and judicial discretion in quashing them. (Para 12 , 13 , 14 , 15 , 16) |
| 6. final decision on quashing the fir based on the circumstances of the case. (Para 17 , 18 , 19) |
O R D E R
% 28.08.2025
1. The present petition is filed seeking quashing of FIR No. 83/2021 dated 07.02.2021, registered at Police Station Burari, for offence under Section 363 of the Indian Penal Code , 1860 (‘IPC’). Chargesheet in the present case has been filed under Sections 363 /376 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act , 2012 (‘POCSO’).
2. The FIR was registered pursuant to a compliant given by the mother of the victim, on suspicion that the victim/ Respondent No. 2, when she had gone missing for 03-04 days, had gone with the petitioner. It is undisputed that the victim had retu
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