$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010374152026 + CRL.M.C. 5935/2026 & CRL.M.A. 24729/2026, CRL.M.A. 24730/2026 SIKANDER @ MOHD. SIKANDER .....Petitioner Through: Mr. Gaurav Puri, Mr. Sarthak Gupta & Mr. Kushagra Bali, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP WSI Nikhini Adane, PS Chandni Mahal CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 13.08.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS') seeking quashing of FIR No. 325/2021 for the offences punishable under Section 323/354/34 of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) registered at Police Station Chandni Mahal, District Central, Delhi along with the charge-sheet and the proceedings arising therefrom in SC No. 734/2021. 3. Briefly stated, it is alleged that while the minor prosecutrix was descending a staircase after attending religious lessons, the petitioner and the 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 18/08/2026 at 11:25:22 co-accused touched her chest and waist with wrongful intent. Her statement under Section 164 Cr.P.C. was recorded and upon investigation, a charge- sheet was filed further leading to framing of charges. 4. Prior thereto, FIR No. 318/2021 dated 13.10.2021 had been registered at the same police station at the instance of the petitioner’s daughter against certain relatives of the prosecutrix. The prosecution evidence has remained pending since 2022. Despite the learned Trial Court granting a final opportunity on 15.10.2025, the testimony of the prosecutrix remained unrecorded till 23.07.2026. Aggrieved by the continuation and pendency of the proceedings, the petitioner has filed the present petition. 5. Learned counsel for the petitioner submits that FIR No. 318/2021 was registered at the instance of the petitioner’s daughter against the brother of respondent No. 2 on 13.10.2021, two days prior to the registration of the present FIR. He submits that the present FIR i.e., FIR No.325/2021 was lodged as a counterblast thereto. 6. He further submits that the trial has remained pending before the learned Trial Court for the last four to five years. Despite repeated summons, respondent No. 2/victim has not appeared for recording of her evidence. It is submitted that she appeared only on the dates when the learned Presiding Officer was on leave and has otherwise deliberately avoided appearing before the learned Trial Court. 7. The mother of the victim, who is present in Court pursuant to advance notice, states that the victim is mentally challenged. The said assertion is strongly disputed by learned counsel for the petitioner, who submits that the victim has attained majority and does not suffer from any disability. He further submits that the statement made by the mother of the victim in this 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 18/08/2026 at 11:25:22 regard is incorrect. 8. The mother of the victim states that the matter is next listed before the learned Trial Court on 09.09.2026 and undertakes that the victim shall appear before the learned Trial Court on the said date for recording of her evidence. 9. The victim shall accordingly appear before the learned Trial Court on 09.09.2026 for recording of her evidence. 10. In view of the aforesaid statement made by the mother of the victim, the present petition is disposed of with liberty to the petitioner to approach this Court afresh, if the need so arises. 11. Pending application(s), if any, also stand(s) disposed of. 12. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 13, 2026/ys/PG 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 18/08/2026 at 11:25:22