Future Of Parties' Minor Children Depends On The Outcome Of FIR: Delhi HC Quashes POCSO Case Registered Against Accused

The Delhi High Court has quashed the case registered against a man under Sections 363/366 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act.

The bench of Justice Swarana Kanta Sharma observed that the accused-man and the girl are living together since long and have two children who are minor and whose future depends on the outcome of the present FIR.

In this case, FIR was registered by the father of the prosecutrix on the ground that his daughter was missing.

However, during investigation, in her statement under Section 164 Cr.P.C., the prosecutrix denied the contents of the FIR and stated that she was 19 years of age and that she had voluntarily accompanied the present accused/petitioner.

During pendency of the trial, the prosecutrix in her testimony stated that she did not support the prosecution case and stated that she was 19 years of age at the time of incident and she was married to the applicant/petitioner.

Advocate Avninder Singh appeared for the accused whereas Naresh Kumar Chahar, APP appeared for the State.

The Court noted that the parties have been blessed with two children who are 07 years and 05 years respectively. Further, the prosecutrix has not stated anything against the present accused/petitioner either before the police or before the Magistrate.

"Though, ordinarily such FIRs should not be quashed, however, It was observed by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, that it is encouraged to quash the FIR in circumstances wherein a compromise has been achieved.", the Court noted.

Thus the Court held, "In the exceptional circumstances as such where the parties are living together since long and have now been blessed with two children who are minor and whose future depends on the outcome of the present FIR, this Court deems it appropriate to quash the present proceedings."

Accordingly, the Court quashed the FIR registered against the accused.

Cause Title- Brijesh Singh v. State (NCT of Delhi) & Ors. (Neutral Citation No. 2022/DHC/005745)

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