Allowed

Shivam & Ors. v. the State NCT of Delhi and Anr.

Delhi HC20 Sept 2024W.P.(CRL)/1444/2024

Case brief

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What is this about?

This is a single-paragraph disposal order where the Court, considering a settlement between the parties and bleak chances of conviction, allowed the petition and quashed the FIR under Sections 376 IPC and 6 POCSO as a misuse of process.

What did the court decide?

FIR No.799/2023 under Sections 376 IPC & 6 POCSO PS Samaipur Badli and proceedings emanating therefrom are quashed.

Shivam & Ors. Vs the State NCT of Delhi and Anr. — Child Sexual Offences (POCSO) | Delhi HC (2024)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1444/2024

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SHIVAM & ORS. .....Petitioners

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Through: Mr. A.K. Jain and Mr. Nikhil Malhotra, Advocates.

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versus

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THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar, Adv. WSI Sarojini, PS SP Badli. Mr. Varun Jai Singh, Adv. for R-2.

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CORAM:

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HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 20.09.2024

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This petition has been filed seeking quashing of FIR No.799/2023 under Sections 376 IPC & 6 POCSO PS Samaipur Badli. The petitioner Nos.1-3 and respondent No.2 are present in Court and duly identified by the IO.

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The petitioner No.1 and respondent No.2 were apparently in a romantic relationship and due to physical involvement, she has delivered a male child. The petitioner No.1 and respondent No.2 are married each other. Their marriage certificate issued by Arya Samaj Mandir dated 12^th January, 2024 has been placed on record.

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Respondent No.2 states that she has no objection to the quashing of the said FIR as they are happily married and are now living together with the child, who is now 6 months of age.

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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 04/07/2025 at 03:21:00

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.799/2023 under Sections 376 IPC & 6 POCSO PS Samaipur Badli and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 20, 2024/MK

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Shivam & Ors. v. the State NCT of Delhi and Anr.

Case brief

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What did the court decide?

Shivam & Ors. v. the State NCT of Delhi and Anr.

Case brief

What is this about?

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What the court decided

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