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HIGH COURT OF DELHI
Date of Decision: 19.05.2025
MOHD SAIF @ SAIF QURESHI & ORS. .....Petitioners
Through: Mohd. Ajmal and Sanket Aggarwal, Advocates
Through: Mr. Nawal Kishore Jha, APP for State
Harsh Vihar and SI Kriti Singh, PS Welcome Respondent no.2 in person.
JUDGMENT
1. The petitioners seek quashing of FIR No.204/2022 of PS Welcome for offences under Section 376(2)(n)/417/506 IPC. The prosecutrix has appeared in support of the petitioners. It appears that under false promise of marriage, petitioner no.1 had established sexual relations with the prosecutrix (respondent no.2 herein) and she gave birth to child of the parties on 23.06.2022, after which they got married. Nikahnama of the parties is Annexure P-5. KATHPALIA Date: 2025.05.19 18:57:32 +05'30' CRL.M.C. 269/2025 pages
2. Petitioner no.1 and respondent no.2 have appeared personally and are identified by the Investigating Officer/SI Anuradha Verma. I have spoken with the parties in Hindi. It is submitted by them that now they are happily married. They have appeared with their child aged about 3 years. The respondent no.2 requests that the FIR against the petitioners be quashed since she does not wish to pursue their prosecution. Petitioner no.1 also assures that they would live peacefully and he shall not seek or give divorce.
3. Keeping in mind that the allegations levelled in the FIR are not exaggerated ones, I find it a fit case to grant relief. It would be in the interest of justice not to push the parties through trial. Besides, for welfare of minor child of parties, a permanent quietus is necessary.
4. Subject to petitioners depositing costs of Rs.5,000/- with DHCLSC within one week, the petition is allowed and the FIR No.204/2022 of PS Welcome for offences under Section 376(2)(n)/417/506 IPC and the proceedings arising out of the same are quashed. Pending application stands disposed of.
GIRISH KATHPALIA (JUDGE) MAY 19, 2025 GIRISH KATHPALIA