$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010377702023 + CRL.M.C. 6901/2023 & CRL.M.A. 25793/2023 RAJESH KUMAR @ RAKESH & ORS. .....Petitioners Through: Mr. Saksham Saxena, Mr. RKS Bajwa, Ms. Jagjit Bajwa, Advs. Petitioner-in-person versus STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Digam Singh Dagar, APP for State. Respondent no.4-in-person (through VC) W/SI Preeti, PS V.K. South CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 05.08.2026 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. 0417/2020, registered at Police Station Vasant Kunj (South), New Delhi, for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), read with Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006, and Sections 6, 10 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'), along with all consequential proceedings emanating therefrom. 3. Issue notice. 4. Learned APP for the State accepts notice on behalf of the State. 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 07/08/2026 at 11:30:59 5. Learned APP for the State opposes the present petition and submits that considering the nature and gravity of the allegations, the present FIR ought not to be quashed merely on the basis of the compromise between the parties. 6. The petitioners are present before this Court. Respondent No.4 (prosecutrix) has joined the proceedings through video conferencing and has been duly identified by the Investigating Officer as well as her learned counsel. 7. Briefly stated, the petitioner No.1 and Respondent No.4 solemnized their marriage on 16.05.2020 according to Hindu rites and ceremonies. Pursuant to a complaint lodged by the parents of Respondent No.4, the present FIR came to be registered. During the pendency of the proceedings, the parties resumed cohabitation and have been residing together as husband and wife. It is submitted that two children have been born out of the said wedlock and the parties are living peacefully together. 8. Learned counsel for the petitioners submits that the parents of Respondent No.4, have not appeared before this Court as they continue to oppose the marriage between Petitioner No.1 and Respondent No.4. It is submitted that despite their absence, the prosecutrix herself has unequivocally supported the present petition and seeks quashing of the FIR. 9. The Investigating Officer also submits that despite efforts made by the Investigating Agency, the parents of Respondent No.4 have not come forward to participate in the present proceedings as they continue to oppose the marriage of the parties. 10. On a query put by this Court, Respondent No.4, who has been duly identified by the Investigating Officer, states that she has been residing with Petitioner No.1 as his legally wedded wife since 31.08.2022 and that two children have been born out of their marriage. She further states that she is 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 07/08/2026 at 11:30:59 residing happily with the petitioner and has no objection if the present FIR and all consequential proceedings arising therefrom are quashed. She also states that she is making the said statement voluntarily, of her own free will, without any force, coercion or undue influence. 11. This Court has considered the submissions advanced by the parties. It is evident that the prosecutrix is residing with Petitioner No.1 as his wife and that the parties have established a matrimonial household from which two children have been born. The prosecutrix has categorically stated before this Court that she does not wish to pursue the present criminal proceedings and desires to continue her matrimonial life with Petitioner No.1. In these peculiar facts and circumstances, continuation of the criminal proceedings would serve no useful purpose and would only disturb the settled family life of the parties and their minor children. The absence of parents of Respondent No. 4, who continue to oppose the marriage, cannot outweigh the unequivocal stand taken by the prosecutrix herself. 12. Accordingly, FIR No. 0417/2020, registered at Police Station Vasant Kunj (South), New Delhi, for the offences punishable under Sections 363, 366 and 376 IPC, read with Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006, and Sections 6, 10 and 17 of the POCSO Act, along with all consequential proceedings arising therefrom, is hereby quashed. 13. The present petition stands disposed of. Pending application(s), if any, also stand disposed of. 14. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 5, 2026/b/P 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 07/08/2026 at 11:30:59