Dismissed¶¶27

Monu Sharma v. State NCT of Delhi and Anr.

Delhi HC7 Jul 2025CRL.M.C./4359/2025

Case brief

AI extract

What is this about?

Delhi High Court refuses to quash POCSO and IPC sexual assault FIR despite settlement between parties, holding that nature of allegations makes it unfit for quashing under Section 482 CrPC/Section 528 BNSS.

What did the court decide?

Petition dismissed; FIR and consequential proceedings not quashed. ¶¶27

Why is it important?

Monu Sharma Vs State NCT of Delhi and Anr. — Child Sexual Offences (POCSO) | Delhi HC (2025)

¶1

$~34

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 4359/2025

¶4

MONU SHARMA .....Petitioner

¶5

Through: Mr. Lakshmi Prasad and Mr. Sidharth, Advocates.

¶6

versus

¶7

STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Utkarsh, APP for the State with SI Amit Beniwal, PS M.S. Park and ASI Usha. W/SI Thakur (D-1810) PS Vasant Kunj South.

¶8

CORAM:

¶9

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

¶10

O R D E R

¶11

% 07.07.2025

¶12

CRL.M.A. 18970/2025 (Exemption)

¶13

Exemption allowed, subject to all just exceptions.

¶14

The Application stands disposed of.

¶15

CRL.M.C. 4359/2025

¶16

Petition under Section 482 of the Code of Criminal Procedure, 1973 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( hereinafter referred to as ‘B.N.S.S. ’) has been filed on behalf of the Petitioner for quashing of FIR No. 141/2020 under Section 354/354A IPC and Section 10 of POCSO Act, registered at Police Station Vasant Kunj South and all the consequential proceedings emanating therefrom.

¶17

Issue Notice.

¶18

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 09/07/2025 at 11:36:43

¶19

On advance Notice, learned APP has appeared and accepts the Notice on behalf of the State.

¶20

Brief facts of the case are that the Petitioner came to the room of the victim and closed the door. He started touching her underwear. She was wearing a jacket. Petitioner touched her chest from the top of the jacket. He grabbed her pants and started pulling them down. The victim started screaming loudly then he released her and opened the door. Victim’s mother got married to the Petitioner, two years ago for the second time. On 16.07.2020, the bail is granted to the Petitioner. In October, 2022, ChargeSheet has been filed by the Prosecution against the Petitioner.

¶21

On the Complaint of the Respondent No.2, FIR No.141/2020 under Section 354/354A IPC and Section 10 of POCSO Act, got registered at Police Station Vasant Kunj South.

¶22

It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Settlement Deed dated 14.05.2025. In the Settlement, it is submitted that the Respondent No. 2 shall withdraw the Complaint made against the Petitioner. It is also settled that the Petitioner will not do such things in future. All the disputes between the parties, stand finally resolved.

¶23

The Statement of the parties have already been recorded before the learned Joint Registrar. They have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

¶24

Considering the nature of the allegations, it is not a fit case for quashing the FIR No. FIR No.141/2020 under Section 354/354A IPC and Section 10 of POCSO Act, registered at Police Station Vasant Kunj South,

¶25

¶26

and all the consequential proceedings emanating therefrom.

¶27