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HIGH COURT OF DELHI
Date of Decision: 28.08.2025
SHADAB ALI .....Petitioner
Through: Mr. Omkar Sharma, Advocate (through videoconferencing)
Through: Mr. Manoj Pant, APP for State
23.
Respondent no.2 in person.
JUDGMENT
1. Petitioner seeks quashing of case FIR No. 38/2018 of PS Dwarka Sector-23 for offence under Section 363/366/376 IPC and Section 6 POCSO Act on the ground that the complainant de facto (respondent no.2) has compromised the disputes with the petitioner.
2. Respondent no.2 present in court and identified by IO/SI Sanjogita CRL.M.C. 6019/2025 pages accepts notice. Learned APP accepts notice and submits that in the facts and circumstances of this case he has no objection to this petition. Petitioner is also present in person, identified by the IO.
3. I have spoken with the parties in Hindi. It appears that when respondent no.2 was bordering the age of majority, she eloped with the petitioner as they were involved in a love affair and got married. Now, respondent no.2 has attained the age of majority. It is stated by respondent no.2 that she is living happily with the petitioner and now they have two children, so she is not interested in pursuing prosecution of petitioner.
4. Having spoken with the parties, I am satisfied that it would be in the interest of justice not to push the parties through trial.
5. Therefore, the petition is allowed and FIR No. 38/2018 of PS Dwarka Sector-23 for offence under Section 363/366/376 IPC and Section 6 POCSO Act as well as proceedings arising out of the same are quashed. Pending application stands disposed of.
GIRISH KATHPALIA (JUDGE) AUGUST 28, 2025