Petition to quash FIR alleging kidnapping and rape of a minor, where the complainant had married the petitioner and borne two children. With her affidavit of no objection and statement in court confirming voluntary cohabitation without pressure, the High Court quashed the FIR and all consequential proceedings.
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PREM ALIAS PREM SINGH .....Petitioner Through: Mr. Abhishek Sharma, Adv. with Petitioner in person.
versus
THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Rahul Tyagi, ASC for State with Mr. Sangeet Sibou, Adv. Mr. Kuldeep Singh, Adv. for R-2 with R-2 in person.
CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 22.09.2025
1. Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (“B.N.S.S.”) has been filed on behalf of the Petitioner for quashing of FIR No.0277/2019 under Sections 363/376(2)(n) IPC and Section 4 POCSO Act, registered at PS: Sarai Rohilla, New Delhi, in terms of No Objection given by Respondent No.2 on Affidavit dated 29.10.2024.
2. Brief facts of the case are that Respondent No.2 herself had voluntarily left her parental home to go with the Petitioner. Therefore, the FIR under Section 33 IPC was registered.
3. Subsequently, it was found that Respondent No.2 was 16 years of age and got married with the Petitioner in the year 2019 and they have been blessed with two children. Respondent No.2 is present in the Court and submits that she and the Petitioner are residing together without any force,
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 24/09/2025 at 13:09:42
threat or pressure. There is no Complaint against the Petitioner.
4. It is further submitted that on 23.03.2025, on Complaint of Respondent No. 2, FIR No.0277/2019 under Sections 363/376(2)(n) IPC and Section 4 POCSO Act was registered at PS: Sarai Rohilla, New Delhi. 5. The parties are present in the Court and have been identified by the IO. Respondent No.2 submits that she has signed the Affidavit of No objection to quashing of FIR without any force, pressure, threat or coercion. 6. Learned Counsel for Petitioner submits that the parties have been happily living together for the last six years, since 2019 and have no grievance against each other. Since Respondent No.2 has already made a statement before the Court that she does not want to pursue the proceedings in FIR, the present Petition be allowed and FIR No.0277/2019 be quashed. 7. In view of No Objection given by Respondent No.2 on Affidavit dated 29.10.2024, present Petition has been filed. 8. Respondent No.2 is present and submits that she has no grievance against the Petitioners and also no objection to the quashing of FIR. She affirms that she is happily living together with the Petitioner. 9. Considering the fact that parties have settled their disputes and Respondent No.2 has also given no objection to the quashing of FIR, no fruitful purpose would be served in continuing with the proceedings arising out of the FIR. Though, Resopndent No.2 was minor at the time of joining company of the Petitioner, but since they have now been married and are having two children from their wedlock, no purpose would be served by keeping the present proceedings pending.
10. Consequently, FIR No.0277/2019 under Sections 363/376(2)(n) IPC and Section 4 POCSO Act, registered at PS: Sarai Rohilla, New Delhi and all
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 24/09/2025 at 13:09:42
consequential proceedings emanating therefrom are quashed.
11. The Petition along with pending Application is disposed of.
NEENA BANSAL KRISHNA, J.
SEPTEMBER 22, 2025/ R
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 24/09/2025 at 13:09:42
1 issue framed by the court
Whether the FIR under Sections 363/376(2)(n) IPC and Section 4 POCSO Act should be quashed on settlement and no objection of Respondent No.2.
4 provisions across 4 enactments
Prem alias Prem Singh
The State Govt. of NCT of Delhi
Respondent No.2 (prosecutrix/complainant)
Neena Bansal Krishna
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
