$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1685/2023 NIKHIL SINGH BHADURIA .....Petitioner Through: Mr. Puram Sharma, Mr. Mukesh Rajawat, Mr. Abhishek, Advs.

versus STATE GOVT.OF N.C.T.DELHI & ANR. .....Respondents Through: Mr. Tarang Srivastava, APP for State with WSI Kanchan, PS Kishangarh CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 27.11.2025

1. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 335/2020 under Sections 376 IPC and 6 of POCSO Act registered at Police Station Kishan Garh and all proceedings emanating therefrom.

2. Notice in the petition was issued vide order dated 14.03.2023.

3. The case articulated in the present petition is that the petitioner (husband) and respondent No.2 (wife) were in love with each other and they were supposed to get married but due to some misunderstanding, a heated argument took place between the petitioner and respondent no.2. The respondent no.2, in anger and depression, made written complaint against the petitioner. In pursuance of the FIR, the petitioner was arrested on 23.07.2020. After arrest of the petitioner, the respondent No.2 realized her mistake and the petitioner was released on bail.

4. The marriage of the petitioner and respondent no.2 was solemnized on

09.08.2020.

5. The petitioner, as well as, respondent no.2 are present in Court and they have been identified by their respective counsels, as well as, by the Investigating Officer WSI Kanchan, PS Kishangarh.

6. On a query posed by the Court, respondent no.2 affirms the factum of marriage with the petitioner and states that she has no objection in case the aforesaid FIR is quashed. She states that presently, she is happily residing with the petitioner. The factum of marriage has also been verified by the IO. 7. In the present case, two of the offences which are alleged against the petitioner pertain to Section 376 IPC and Section 6 POCSO Act. Though, it is a trite law that ordinarily the High Courts must show restraint in quashing FIRs involving offences under Section 376 IPC and Section 6 POCSO Act but in peculiar facts and circumstances, the High Courts can quash FIRs in which offences like Section 376 IPC and Section 6 POCSO Act have been involved. In this regard, reference may advantageously be made to a decision of coordinate bench of this Court in ‘Kundan & Anr. Vs. State &

Ors., 2022 SCC OnLine Del 4809. ’ wherein it was held as under:

“7. Ordinarily the High Courts must show restrain in quashing FIRs for offences under Sections 376 IPC and POCSO Act. In the instant case the FIR was registered under Section 363 IPC and Section 376 IPC and Section 6 of the POCSO Act were added later on. The victim/Petitioner No. 2 has stated in her 164 statement that she was in love with the Petitioner No. 1 and she eloped with him out of her own volition. It is stated they got married in a temple in Uttar Pradesh on the very next day and the Petitioner No. 2/victim has given birth to a baby boy. The families of the Petitioners No. 1 & 2 have accepted the marriage.

8. Considering the fact that the whole life of Petitioner No. 1 and Petitioner No. 2 and their child would be ruined, this Court asked the learned APP as to whether she has any objections if this Court exercises its jurisdiction under Section 482 Cr. P.C. and quash the FIR. Learned APP for the State very fairly and taking humanitarian approach stated that she has no objections if the instant FIR is quashed.

9. In view of the peculiar facts and circumstances of this case, this Court is inclined to quash the FIR. Resultantly, FIR No. 275/2019 dated 30.10.2019 registered at Police Station Delhi Cantt for offences under Section 363/366/376 IPC and Section 6 of the POCSO Act and the proceedings emanating therefrom are hereby quashed.

10. Accordingly, the petition is disposed of along with the pending application(s), if any.”

8. Needless to say, since the petitioner and respondent no. 2 are now married and living together as husband a