Facts
The Petitioner sought the quashing of FIR No. 235/2024 (P.S. Amar Colony) registered under Sections 376 IPC and 6 of the POCSO Act
Source reference: p.1The FIR was originally filed by the prosecutrix alleging inappropriate touching and forcible sexual intercourse resulting in pregnancy while she was a minor in the 12th grade
Source reference: p.1-2During the trial, the prosecutrix turned hostile, claiming that the sexual relationship was consensual, they were in love, and she intended to marry the accused
Source reference: p.2After attaining majority, the prosecutrix entered into a settlement deed with the Petitioner, stating she wished to marry him and had no objection to quashing the proceedings
Source reference: p.3Issues
1. Whether the High Court should exercise its inherent powers to quash an FIR involving non-compoundable serious offences like Section 376 IPC and Section 6 of the POCSO Act based on a compromise between the parties
Source reference: p.3-42. Whether the continuation of criminal proceedings would serve a meaningful purpose when the chances of conviction are bleak and the parties intend to lead a harmonious married life
Source reference: p.3-4Law Applied
The Court primarily exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Source reference: p.4The Court relied on established legal principles holding that where the victim has reached majority and the parties intend to marry, the court may quash proceedings to ensure family harmony, especially when the prosecutrix has already turned hostile in her testimony
Source reference: p.2-3The court further cited the precedents of Mohd. Parwej v. State (2026) and Harmeet Singh v. State (NCT of Delhi) (2026), which permit quashing in similar circumstances to prevent the "hanging sword" of prosecution from disrupting future family life
Source reference: p.4Reasoning
The Court conducted an in-chamber interaction with the prosecutrix and her parents to ensure the settlement was voluntary and without coercion
Source reference: p.3It observed that the prosecutrix’s testimony during the trial was contradictory; she had already resiled from her initial allegations during cross-examination, claiming the relations were consensual
Source reference: p.2The Court reasoned that since the parties have now decided to marry and the prosecutrix has attained majority, the chances of conviction are "very bleak"
Source reference: p.3It determined that trial continuation would result in unnecessary trauma and inexorable apprehension for the couple, whereas quashing the FIR would facilitate peace and a smooth family life
Source reference: p.3-4Holding
The Court answered the issues in the affirmative, holding that securing the ends of justice outweighed the technicalities of the non-compoundable nature of the offences given the specific marital context
The Court quashed FIR No. 235/2024 and all consequential proceedings arising therefrom. The petition and all pending applications were disposed of accordingly
Source reference: p.4Original Court PDF
Ankit Kumar YadavvsThe State Of Nct Of Delhi And Ors.
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