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2025 DAILYLAW 5846 (DEL)

NOMAN v. THE STATE GOVT. OF NCT OF DELHI AND ANR.

CRL.M.C./2554/2025 · 2026-08-12

Madhu Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010208182025 + CRL.M.C. 2554/2025 NOMAN .....Petitioner Through: Mr. Alamgir, Adv. with petitioner in person versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP SI Deepak Yadav, PS Lodhi Colony R2 in person Mr. Fahad Khan, Adv. for R2 CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 12.08.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the “BNSS”), seeking quashing of FIR No. 61/2024, registered at Police Station Lodhi Colony, New Delhi, for the offences punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) and Section 6 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 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 17/08/2026 at 11:20:08 5. The petitioner and Respondent No.2 are present before this Court and have been duly identified by their respective learned counsel as well as the Investigating Officer concerned. 6. Briefly stated, the petitioner and Respondent No.2 were known to each other and, according to the petitioner, their marriage was solemnized on 16.01.2023 in accordance with Muslim rites and ceremonies. The prosecution case, however, alleges that Respondent No.2 was a minor at the relevant time and that the petitioner had committed sexual assault upon her. Pursuant to her complaint, the present FIR came to be registered on 14.02.2024. The petitioner was arrested in connection with the FIR and was subsequently granted regular bail vide order dated 18.03.2024. During the pendency of the proceedings, Respondent No.2 gave birth to a male child, namely Rehmat, on 04.03.2024. Thereafter, the petitioner and Respondent No.2 resumed living together and, with the intervention of their family members, entered into a Settlement Agreement dated 25.02.2025. 7. Learned counsel for the petitioner submits that pursuant to the settlement, the petitioner and Respondent No.2 have resumed cohabitation and are residing together along with their minor child. It is submitted that Respondent No.2 does not wish to pursue the criminal proceedings any further and has no objection to the quashing of the FIR and the proceedings emanating therefrom. 8. On a query made by this Court, Respondent No.2, who has been duly identified by the Investigating Officer, states that she has entered into the Settlement Agreement dated 25.02.2025 voluntarily, of her own free will and without any force, coercion or undue influence. She further states that she is residing with the petitioner along with their minor child and has no objection 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 17/08/2026 at 11:20:08 if the present FIR and all consequential proceedings emanating therefrom are quashed. 9. The Court has considered the submissions advanced by the parties and has interacted with Respondent No.2. The parties have resumed cohabitation and are presently residing together along with their minor child. Respondent No.2 has reiterated before this Court that she does not wish to pursue the present proceedings against the petitioner. 10. In the peculiar facts and circumstances of the present case, and having regard to the fact that the parties have resumed cohabitation and are living together along with their minor child, continuation of the criminal proceedings would serve no fruitful purpose and would result in further disruption of the family relationship. Accordingly, in exercise of the jurisdiction vested in this Court under Section 528 of the BNSS, the FIR and the consequential proceedings are liable to be quashed. 11. Accordingly, FIR No. 61/2024, registered at Police Station Lodhi Colony, New Delhi, for the offences punishable under Section 376 IPC and Section 6 of the POCSO Act, along with all consequential proceedings emanating therefrom, is hereby quashed. 12. The present petition stands disposed of. Pending application(s), if any, also stand disposed of. 13. A copy of this order be communicated to the learned Trial Court for information and necessary compliance. 14. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 12, 2026/ys/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 17/08/2026 at 11:20:08