$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 173/2026 SAKIL ANSARI & ANR. .....Petitioners Through: Mr. Hitendar Mahalwal, Mr. Harsh Kumar and Mr. Anil Kumar Attri, Advs. versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Naresh Kumar Chahar, APP. Mr. Chahar Singh, Adv. SI Sunita, PS Pul Prahladpur (main IO) CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 09.07.2026 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. 207/2025, registered at Police Station Govind Puri, New Delhi, for the offences punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) and Sections 6/21 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. Learned counsel for the Petitioners submits that though the prosecutrix initially got the case registered against Petitioner No. 1 and made allegations of sexual assault against him, she subsequently retracted the allegations in her 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 14/07/2026 at 11:15:46 statement recorded under Section 183 of the BNSS. 4. He further submits that during the hearing of the bail application, the learned Trial Court interacted with the prosecutrix, who stated before the Court that she had made false allegations against her father at the behest of her boyfriend and his family members, as her father and mother were opposed to their relationship. 5. He further submits that in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (now corresponding to Section 183 of the BNSS), the prosecutrix also stated that her mother wanted her to complete her Class XII Board examinations, but she got frightened and, therefore, lodged the present complaint against her father. 6. Learned counsel for the Petitioners submits that no useful purpose would be served by continuing the present criminal proceedings and, therefore, the FIR deserves to be quashed. 7. Learned APP for the State submits that such discrepancies in the statement of the prosecutrix/victim during the trial may constitute a ground for acquittal or discharge, but can never be a ground for quashing of the FIR. 8. The Hon’ble Supreme Court in Hazrat Deen v. State of Uttar Pradesh & Anr., SLP (Crl.) No. 9552/2021, has held as under: “Discrepancies between the FIR and any subsequent statement under Section 164 of the CrPC may be a defence. However, the discrepancies cannot be a ground for discharge without initiation of trial.” 9. In the present case, no doubt there are discrepancies in the statements of the prosecutrix. However, her statement has already been recorded before the learned Trial Court. The law shall take its own course if the prosecutrix 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 14/07/2026 at 11:15:46 has falsely implicated Petitioner No. 1, who happens to be her father. 10. The Petitioners have all the remedies available to them in accordance with law. However, merely because the prosecutrix has turned hostile and has not supported the case of the prosecution, the same cannot be a ground for quashing the present FIR. 11. Accordingly, the present petition is dismissed. Pending application(s), if any, also stand disposed of. 12. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 9, 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 14/07/2026 at 11:15:46