Delhi High Court - Orders
Vijay Kumar vs The State Govt. Of Nct Of Delhi & Anr on 22 May, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2153/2021 & CRL.M.A. 14506/2021
VIJAY KUMAR
..... Petitioner
Through: Mr. DD Tripathi, Adv.
versus
THE STATE GOVT. OF NCT OF DELHI & ANR.
..... Respondent
Through: Mr. Aashneet Singh, APP
SI Ekta Yadav, PS Dabri
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 22.05.2023
1. This is petition seeking quashing of the FIR No. 748/2017 dated 05.12.2017 registered at PS Dabri under Section 6 of the POCSO Act.
2. As per the allegations in the FIR, the petitioner established physical relationship with the respondent No.2 on the pretext of marrying her while she was below 18 years of age.
3. It is stated that the respondent No.2 got married to the petitioner in the year 2017 when she was 17 years of age.
4. The respondent No.2 is happily staying with the petitioner since the date of their marriage and has one small child aged about 2 years.
5. This court in CRL.M.C. 27/2022 titled as KUNDAN & ANR vs STATE & ORS has observed:
"7. Ordinarily the High Courts must show restrain in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 20:46:39 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."
6. Even though the judicial principles state that High Court must show restraint in quashing the FIR under section 6 POCSO, in the instant case, respondent No. 2 is in love with petitioner and has married him out of her own free will and choice.
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 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 20:46:39 both the parents.
8. The petitioner is present in Court and has been identified by Mr. DD Tripathi, learned counsel.
9. The respondent No. 2 is also present in Court and has been identified by SI Ekta Yadav, PS Dabri.
10. The respondent No.2 has no objection if the present FIR is quashed.
11. In view of the peculiar facts and circumstances of this case, FIR No. 748/2017 dated 05.12.2017 registered at PS Dabri under Section 6 of the POCSO Act and all consequential proceedings emanating therefrom are hereby quashed.
12. Accordingly, the petition is disposed of along with the pending application(s), if any.
JASMEET SINGH, J MAY 22, 2023 / (MS) Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 20:46:40