Shahnabaj & Ors. v. State Govt. of NCT of Delhi through SHO & Anr.

Delhi HC1 Sept 2025CRL.M.C./6102/2025

Case brief

AI extract

What is this about?

Quashing of FIR; FIR No. 481/2024; P.S. Shastri Park Delhi; Sections 328/376 IPC; Section 6 POCSO Act; amicable settlement; MoU dated 21.01.2025; marriage after FIR; Nikahnama; compromise out of free will; no coercion; prosecutrix no objection; CRL.M.C. 6102/2025; Delhi High Court; Dr. Swarana Kanta Sharma, J.; order dated 01.09.2025.

What did the court decide?

FIR bearing no. 481/2024 registered at Police Station Shastri Park, Delhi, under Sections 328/376 of IPC and Section 6 of POCSO Act, and all consequential proceedings emanating therefrom, quashed; petition disposed of. ¶¶26

Shahnabaj & Ors. Vs State Govt. of NCT of Delhi… — Child Sexual Offences (POCSO) | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR bearing no. 481/2024 registered at Police Station Shastri Park, Delhi, for offences punishable under Sections 328/376 IPC and Section 6 of the POCSO Act, and the proceedings pursuant thereto, should be quashed in view of the amicable settlement between the parties.

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Court's answer

Since the parties have amicably resolved their differences of their own free will and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them.

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Ratio / Principle

It would be in the interest of justice to quash the FIR and the proceedings pursuant thereto, and there is no legal impediment in quashing the FIR in question.

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Key takeaways

FIR bearing no. 481/2024 registered at Police Station Shastri Park, Delhi, for offences punishable under Sections 328/376 of IPC and Section 6 of POCSO Act, and all consequential proceedings emanating therefrom, are quashed.ratio¶¶25

Detailed headnote1 paragraphs

Delhi High Court (Dr. Swarana Kanta Sharma, J.) disposed of CRL.M.C. 6102/2025 by quashing FIR No. 481/2024 of P.S. Shastri Park, Delhi (Sections 328/376 IPC and Section 6 POCSO Act) and all consequential proceedings emanating therefrom. Pursuant to a Memorandum of Understanding dated 21.01.2025, the parties appeared in Court; respondent no. 2/prosecutrix, identified by the IO and now 20 years old, stated that following registration of the FIR the parties got married (Nikahnama on record), that she entered the compromise out of her own free will and without any pressure, coercion or threat, and that she had no objection to quashing. Holding that continuance of proceedings would serve no useful purpose and create further acrimony, and that there was no legal impediment, the Court quashed the FIR in the interest of justice.

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6102/2025

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SHAHNABAJ & ORS. .....Petitioners

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Through: Mr. Akash, Advocate along with petitioners-in-person.

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versus

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STATE GOVT. OF NCT OF DELHI THROUGH SHO & ANR. .....Respondents Through: Mr. Manoj Pant, APP for the State. Mr. Sohail Khan, Advocate for R-2 along with R-2 in person.

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CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 01.09.2025

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CRL.M.A. 25948/2025 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 6102/2025

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By way of the present petition, the petitioners seek quashing of the FIR bearing no. 481/2024, registered at Police Station Shastri Park, Delhi, for the commission of offences punishable under Sections 328/376 of the Indian Penal Code, 1860 (hereafter ‘IPC' ) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’ ).

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Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of the State.

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This is a digitally signed order.

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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 02/09/2025 at 12:29:07

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All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, i.e. of Police Station Shastri Park, Delhi.

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6. Brief facts of the case are that on 23.07.2020, petitioner no. 1 had first met respondent no. 2 at his dupatta shop in Gandhi Nagar. On 23.03.2024, respondent no. 2 had filed a complaint against the petitioners before the Deputy Commissioner of Police (North East District). Thereafter, on 02.04.2024, respondent no.2 had filed a complaint under Section 156(3) of Cr.P.C. It is stated that on 06.10.2024, the respondent no. 2 had lodged the present FIR against the petitioners. It is further stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 21.01.2025.

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The respondent no. 2/prosecutrix is present before this Court who has been identified by the IO. She states that pursuant to the registration of the FIR, the parties got married. The Nikahnama is on record. The victim further states that she is 20 years old at present. She also states that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated that they have been living together about last about six months, and thus has no objection if the FIR is quashed.

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In view of the above, since the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no. 481/2024, registered at Police Station

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This is a digitally signed order.

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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 02/09/2025 at 12:29:07

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Shastri Park, Delhi, for the commission of offences punishable under Sections 328/376 of IPC and Section 6 of POCSO Act and all consequential proceedings emanating therefrom are quashed.

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Accordingly, the petition stands disposed of.

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The order be uploaded on the website forthwith.

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DR. SWARANA KANTA SHARMA, J

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SEPTEMBER 01, 2025/zp

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This is a digitally signed order.

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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 02/09/2025 at 12:29:07

Shahnabaj & Ors. v. State Govt. of NCT of Delhi through SHO & Anr.

Case brief

What is this about?

What did the court decide?

Shahnabaj & Ors. v. State Govt. of NCT of Delhi through SHO & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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