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2023 DAILYLAW 7318 (DEL)

RASHID KHAN v. STATE GNCT OF DELHI & ORS.

CRL.M.C./3856/2023 · 2026-07-13

Madhu Jain

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3856/2023 RASHID KHAN .....Petitioner Through: Ms. Pallavi Vashist, Mr. Manoj Kumar and Ms. Chandra Bhan, Advocates with Petitioner-in-person. versus STATE GNCT OF DELHI & ORS. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for State. Respondent no.2-in-person. SI Hemant D-3077 PS Dwarka North. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 13.07.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘CrPC’) seeking quashing of FIR No. 0163/2022, registered at Police Station Dwarka North, Delhi, initially under Section 363 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’). Subsequently, Sections 376 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) were added, along with all consequential proceedings emanating therefrom. 3. Issue notice. Learned APP accepts notice on behalf of the State. 4. The Petitioner and Respondent No. 2 are present before this Court and 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 16/07/2026 at 11:23:53 have been duly identified by the Investigating Officer (IO) concerned. 5. Briefly stated, Respondent No. 2 had left her parental home on 05.03.2022 and the impugned FIR came to be registered at the instance of her mother. Thereafter, the Petitioner and Respondent No. 2 solemnized their marriage on 11.03.2022 in accordance with Muslim rites and rituals. Respondent No. 2 was subsequently recovered during the investigation. The parties have since been residing together as husband and wife and a daughter was born out of the said wedlock on 11.12.2022. 6. Learned counsel for the petitioner submits that the petitioner has married Respondent No.2 and they have a child born from the said wedlock and both are living happily together. He further submits that the parties are residing together as husband and wife along with their daughter and nothing further survives between them. 7. Learned counsel for the petitioner further submits that the FIR was lodged by the mother of Respondent No.2, who is opposed to their marriage and despite service, has neither appeared before this Court nor before the learned Trial Court. 8. Learned APP for the State opposes the prayer for quashing of the FIR and submits that the allegations levelled in the FIR are serious in nature. 9. On a query made by this Court, Respondent No.2 categorically states that she is happily residing with the Petitioner as his wife and they have a daughter born out of the said wedlock. She further states that she has no objection if the present FIR and all consequential proceedings emanating therefrom are quashed. 10. In view of the fact that the parties have solemnized their marriage, are residing together as husband and wife and have been blessed with a daughter, 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 16/07/2026 at 11:23:53 no useful purpose would be served by continuing the criminal proceedings. Rather, continuation thereof would only result in unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case. 11. Accordingly, FIR No. 0163/2022, registered at Police Station Dwarka North, Delhi, for the offences punishable under Sections 363/376 of the IPC and Section 6 of the POCSO Act, and all consequential proceedings emanating therefrom, are hereby quashed. 12. The present petition stands disposed of. Pending application(s), if any, also stand(s) disposed of. 13. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 13, 2026/b/m 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 16/07/2026 at 11:23:53