New Delhi, Aug 27 (IANS) The Delhi High Court has quashed an FIR registered on charges of rape and under the Protection of Children from Sexual Offences (POCSO) Act, after noting that the parties had settled the disputes and are now living together as a family with two children.
In its judgment, a single-judge Bench of Justice Girish Kathpalia observed that forcing the couple to undergo a criminal trial would serve no purpose in the present circumstances.
During the hearing, Justice Kathpalia interacted with both the petitioner and the de facto complainant, recording the latter’s statement that she did not wish to pursue the prosecution any further.
“I have spoken with both parties in Hindi, and it is stated by them that now they are living happily as a family and have two children. [H]aving spoken with the parties, I am satisfied that it would be in the interest of justice not to push the parties through trial,” Justice Kathpalia observed, while quashing the FIR along with all related proceedings.
The complainant, then aged about 17 years and 10 months, was in a relationship with the petitioner, and their sexual intimacy led to a pregnancy around the period when she attained the age of majority.
An FIR was registered at Civil Lines Police Station under Section 376 of the Indian Penal Code (rape) and Section 6 of the POCSO Act against petitioner Sahil Chadha, after the complainant was taken to a hospital during her pregnancy, where the authorities reported the matter to the local police.
Allowing the petition, the Delhi High Court observed, “FIR No. 47/2019 of PS Civil Lines for offence under Section 376 IPC read with Section 6 POCSO Act as well as proceedings arising out of the same are quashed.”
The Delhi Police, represented by Additional Public Prosecutor Nawal Kishore Jha, did not oppose the quashing plea, submitting that the State had “no serious objection” to it.
–IANS
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