KUNDAN KUMAR PAWAN v. THE STATE NCT OF DELHI AND ORS
CRL.M.C./3297/2026 · 2026-08-11
Saurabh Banerjee
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 14205 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14205 (DEL) · dailylaw.ai ]
Judgment text
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$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010183412026 + CRL.M.C. 3297/2026, CRL.M.A. 13388/2026
KUNDAN KUMAR PAWAN & ANR.
.....Petitioners Through: Mr. R. Sahil, Ms. Sushma Sharma, Mr. Girish K. Sharma, Mr. Dhruv K. Sharma, Ms. Stuti Aggarwal and Ms. Aayushi Gaur, Advocates with petitioners in person
versus
THE STATE NCT OF DELHI AND ORS
.....Respondents Through: Mr. Satish Kumar, APP for the State SI- Mahesh Kumar, PS: Vasant Vihar
Advocate (appearance not given) for R-2 & 3 with R-2 & 3 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
11.08.2026
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.272/2023 dated 26.11.2023 registered at PS.: Vasant Vihar, Delhi under Sections 363/376/506 of the Indian Penal Code, 1860 (IPC) read with Sections 6/21 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and all proceedings emanating therefrom, since the petitioner no.1 and the respondent no.3 have settled and dissolved all their disputes and differences as the parties are now married to each other and have since been blessed with a girl child. 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 13/08/2026 at 11:07:55
2. Issue notice.
3. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.
4. Respondent nos.2 and 3, present in Court, also accept notice and submit that since respondent no.3 and the petitioner no.1 have amicably resolved all their disputes, they have recently got married to each other. She also submits that they are now living together happily with each other alongwith their girl child. As such, they submit that they have no objection to the quashing of the aforesaid FIR.
5. This Court has further had the occasion of interacting with the petitioners as well as the respondent nos.2 and 3, who all are present in Court, the parties have agreed to put a quietus to their disputes. Respondent nos.2 and 3 hence submit that they do not wish to continue with the aforesaid FIR against the petitioners.
6. The petitioners and the respondent nos.2 and 3, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer.
7.
Facts disclose that the petitioner no.1 and respondent no.3 have expressed their clear intention as also taken steps towards resuming their matrimonial life, as they are now residing together alongwith their girl child in peace and harmony, which stance is forming part of the accompanying affidavit(s). As such, following the law laid down by the Hon’ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raguvanshi & Anr. (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr.; (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr.; (2014) 6 SCC 466, since there is nothing left to corroborate 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 13/08/2026 at 11:07:55
prove the case of the prosecution, continuation of the aforesaid FIR will be an exercise in futility.
8. Therefore, the present petition is allowed and FIR No.272/2023 dated 26.11.2023 registered at PS.: Vasant Vihar, Delhi under Sections 363/376/506 of the IPC and Sections 6/21 of POCSO Act as also all proceedings emanating therefrom are hereby quashed.
9. Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms.
SAURABH BANERJEE, J AUGUST 11, 2026/So
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 13/08/2026 at 11:07:55