$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4735/2026 MOHAMMAD SAHID @ SHAHID@SAJID .....Petitioner Through: Mr. Sunil Kumar, Adv. with petitioner-in-person. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State. SI Ritu Singh PS Dayalpur North East District Respondent no.2-in-person CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 10.07.2026 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. 0610/2024 registered at Police Station Dayal Pur, Delhi for the offences punishable under Sections 376/506 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, on the basis of an amicable settlement arrived at between the parties. 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 15/07/2026 at 11:43:29 5. The petitioner and respondent No. 2 are present before this Court and have been identified by the Investigating Officer concerned. 6. Briefly stated, the petitioner and respondent No. 2 became acquainted with each other and, pursuant to the complaint lodged by respondent No. 2, the present FIR came to be registered against the petitioner for the aforesaid offences. It is submitted that during the pendency of the proceedings, the parties solemnized their marriage on 11.01.2024 in accordance with Muslim rites and ceremonies. A marriage certificate has also been placed on record. It is further submitted that one son has been born out of the said wedlock and the parties are residing together as husband and wife. The parties have also executed a Memorandum of Understanding recording the terms of their amicable settlement on 21.05.2026. 7. On a query put by this Court, respondent No. 2, who has been duly identified by the Investigating Officer, states that she has entered into the settlement voluntarily, without any force, coercion or undue influence. She further states that she is happily residing with the petitioner and has no objection if the present FIR and all consequential proceedings are quashed. 8. Learned APP for the State submits that the offences alleged are serious in nature, particularly those under Section 376 IPC and Section 6 of the POCSO Act. However, he fairly submits that the factum of marriage between the parties and their residing together has been verified. 9. The power of the Court under Section 528 BNSS (corresponding Section 482 CrPC) extends to quashing offences which are non- compoundable on grounds of settlement between victim/complainant and accused, however, such power is to be exercised with caution. Reference in this regard is made to Narinder Singh & Ors. vs. State of Punjab & Anr., 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 15/07/2026 at 11:43:29 (2014) 6 SCC 466, wherein the Apex Court had observed that proceedings, even in non-compoundable cases, can be quashed on the basis of settlement provided that the Court is satisfied that there was no meaningful purpose in continuing with the proceedings. 10. It will also be useful to make reference to one recent pronouncement of the Apex Court i.e. Madhukar & Anr. vs. State of Maharashtra 2025 SCC OnLine SC 1415. The abovesaid case also relates to offence under Section 376 IPC and, when an application was moved by the parties seeking quashing of the proceedings on the basis of settlement, such petition was dismissed by the jurisdictional High Court which compelled the parties to approach Hon’ble Supreme Court. The Apex Court observed as under in para 6:- “6. At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.” 11. In the facts of the present case, the parties have solemnized their marriage, are residing together as husband and wife, have been blessed with a son, and respondent No. 2 has unequivocally stated before this Court that she has entered into the settlement of her own free will and has no objection to the quashing of the FIR. In the opinion of this Court, the continuation of the criminal proceedings would serve no useful purpose and would only disturb the matrimonial life of the parties. No legal impediment is found in exercising the inherent jurisdiction of this Court in the peculiar facts 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 15/07/2026 at 11:43:29 circumstances of the present case. 12. Accordingly, FIR No. 0610/2024 registered at Police Station Dayal Pur, Delhi under Sections 376/506 of the IPC and Section 6 of the POCSO Act, along with all consequential proceedings emanating therefrom, is hereby quashed. 13. The 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 JULY 10, 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 15/07/2026 at 11:43:29