Petition under section 482 CrPC to quash an FIR alleging kidnapping and later chargesheeted with rape and POCSO offences, based on a compromise deed; the alleged victim confirmed consensual relations and marriage to the petitioner. Relying on Supreme Court precedent and the State's no objection, the court quashed the FIR and all proceedings.
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MOHD SADIK ALIAS MONU .....Petitioner Through: Counsel (appearance not given) with petitioner in court.
versus
THE STATE AND ANR .....Respondents Through: Ms. Shubhi Gupta, APP for the State. R2 in court.
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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R 19.09.2024
By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner and respondent No.2, seek quashing of case FIR No.485/2022 dated 26.07.2022 registered under section 363 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Jagat Puri, Delhi. Consequent upon completion of investigation, allegations under section 376 IPC and sections 6 of the Protection of Children from Sexual Offences Act, 2012 have been added vide chargesheet dated 23.09.2022.
CRL.M.C. 1796/2024 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 02/07/2025 at 09:03:40
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CRL.M.C. 1796/2024 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 02/07/2025 at 09:03:40
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ANUP JAIRAM BHAMBHANI, J
SEPTEMBER 19, 2024 ds
CRL.M.C. 1796/2024
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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 02/07/2025 at 09:03:40
1 issue framed by the court
Whether FIR No. 485/2022 under s.363 IPC (with added allegations under s.376 IPC and s.6 POCSO) should be quashed on the basis of a compromise deed between the parties.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab & Anr.Relied on¶8
(2012) 10 SCC 303 · Who else cites this
Narinder Singh & Ors. vs. State of Punjab & Anr.Relied on¶8
(2014) 6 SCC 466 · Who else cites this
4 provisions across 3 enactments
Mohd Sadik alias Monu
The State
Respondent No. 2
Anup Jairam Bhambhani
As recorded by the court registry
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