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Ashish Kumar vs State Through Sho Burari North & Anr on 13 May, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~24
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(CRL) 1123/2022, CRL.M.A. 9434/2022
                                 ASHISH KUMAR                                ..... Petitioner
                                                 Through: Mr. Rajeshwar Singh, Ms. Neeraj
                                                            Singh and Ms. Akanskha Singh,
                                                            Advocates
                                                 versus

                                 STATE THROUGH SHO BURARI NORTH & ANR.
                                                                           ..... Respondents
                                               Through: Ms. Nandita Rao, ASC for the State
                                 CORAM:
                                 HON'BLE MS. JUSTICE ASHA MENON
                                                    ORDER

% 13.05.2022

1. This petition has been filed for quashing of the FIR No.0254/2022 dated 9th March, 2022 under Sections 376/506/509 of the IPC and Section 6/12 of the Protection of Children from Sexual Offence Act (POCSO) at PS Burari, Delhi.

2. The petitioner and the respondent No.2 are present and have been identified by the Investigating Officer (IO).

3. Mr. Rajeshwar Singh, learned counsel for the petitioner submits that though there are serious allegations made against the petitioner but in the facts and circumstances of this case, as the parties have now married each other, the FIR be quashed. It is submitted that the petitioner and respondent No.2 have been in a relationship since 2018 but due to parental disapproval, they could not get married. It is further submitted that the FIR has been W.P.(CRL) 1123/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:13.05.2022 16:56:04 registered on 9th March, 2022 by the respondent No.2 only on the persuasion of the parents.

4. Ms. Nandita Rao, learned Additional standing Counsel for the State placing reliance on judgments in Ananda D.V Vs. State & Anr. in Criminal Appeal Nos.394-395/2021 [order dated 12th April, 2021] and of the High Court in Brajesh Kumar Vs. State (NCT of Delhi) & Anr in CRL.M.C.13/2020 [order dated 6th April, 2022], Vikash Kumar Vs. The State and Anr in CRL.M.C.1015/2021 [order dated 25th March, 2021], Kundan & Anr Vs State & Ors in CRL.M.C.27/2022 [order dated 21st February, 2022], Bitu Yadav @ Vikas Yadav Vs State (NCT of Delhi) & Anr in CRL.M.C.1761/2020 [order dated 7th September, 2020], Gaurav Vs. State (Govt NCT of Delhi) and Anr. in W.P.(CRL)1378/2021 [order dated 28th July, 2021] & Swatantra Kumar Jaysawal Vs. State & Anr. 2022 SCC OnLine Del 30, submits that the court may exercise its discretion. She further submits that the respondent No.2 had turned major in 2021 and though the FIR was registered only on 9th March, 2022, POCSO has been incorporated because the events had occurred in 2019.

5. The parents of the petitioner and the respondent No.2 are also present today before the court. The parents of the respondent No.2 have stated that they have performed the marriage of their daughter with the petitioner. The Marriage Certificate along with some photographs of the marriage of the parties have been placed on record as Annexure -P-3. The father of the petitioner, who is also present has no objection and states that he did not participate in the marriage only because his older brother was present at the ceremony.

6. From the interactions this Court has had with the parties as well as the parents, it is apparent that this is a case where the girl and the boy have been in a relationship since long and parental disapproval had led them to do what they have done. Today, they are legally married, which was what they had desired before the registration of the FIR, and have now received the blessings of their parents.

7. In view of the future family life of the parties and the harmonious relationship amongst the family members of both sides, who seem satisfied with the turn of the events, this Court exercises its discretion to quash the FIR No.0254/2022 under Sections 376/506/509 of IPC and Section 6/12 of Protection of Children from Sexual Offence Act at PS Burari, Delhi and all the proceedings emanating therefrom as continuance would only lead to a waste of court's time, as observed by the Supreme Court in State of Haryana & Ors. Vs. Bhajan Lal & Ors. 1992 Supp(1) SCC 335 and Narinder Singh & Ors. Vs. State of Punjab & Anr., (2014) 6 SCC 466.

8. The petition alongwith the pending application stands disposed of.

9. The order be uploaded on the website forthwith.

ASHA MENON, J MAY 13, 2022 ak W.P.(CRL) 1123/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:13.05.2022 16:56:04