“Delhi High Court quashes FIR in Rape, Kidnapping and POCSO case after settlement and marriage.”
November 26, 2024 2025-03-02 12:26“Delhi High Court quashes FIR in Rape, Kidnapping and POCSO case after settlement and marriage.”
“Delhi High Court quashes FIR in Rape, Kidnapping and POCSO case after settlement and marriage.”
By Himabindu Lingala
A petition was filed before the High Court of New Delhi under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Section 482 of CrPC) seeking to quash FIR registered and there after the chargesheet filed under Sections of Indian Penal Code and Section 4 (Punishment for penetrative Sexual Assault) of Protection of Children from Sexual Offences Act, (POCSO). The FIR filed by the father of the minor, alleged that petitioners had kidnapped and raped who was 16 years old when the incident took place.
During the pendency of the proceedings, it was revealed that the petitioner and the minor girl were in a consensual relationship and got married in 2019 under Muslim Customs. The prosecutrix, now 25 and her father told the court they wanted to amicably resolve the matter and end the case. Both the petitioner and the prosecutrix confirmed that the settlement was mutually agreed upon and without any form of coercion.
The petitioner’s counsel moved an application to quash the FIR, arguing that the relationship between the petitioner and the prosecutrix was a love affair. Furthermore, it was submitted that continuing the legal proceedings would disrupt the stability of their family unit, given that the couple now has two minor children from the marriage.
The counsel for the petitioner has relied on orders passed by the Delhi High Court in the cases Bitu Yadav @ Vikas Yadav v. State (NCT of Delhi), [CRL.M.C.1761/2020], wherein the Court has quashed the FIR noting that the accused and the prosecutrix were married.
The Court acknowledged that offences charged against the petitioner were of serious nature and emphasized that the courts must be cautious in quashing FIRs on the grounds that a settlement was reached between the victims and the accused. The Court also noted that the prosecutrix had evidently expressed her desire to not continue the legal proceedings. The High Court of Delhi quashed the FIR and all subsequent proceedings stating that any further criminal proceedings would not serve any purpose. The Court seized that it would be in the best interest of the Family, the children and prosecutrix and secure the ends of justice.
Case Name: Moeed Ahamad v. State NCT of Delhi.
Citation: 2024 SCC OnLine Del 8119.
