Delhi High Court: A petition was filed under Article 226 read with Section 482 of Criminal Procedure Code (CrPC) was filed on behalf of the accused (petitioner) seeking quashing the FIR dated 20-02-2023 under Section 363 and 376 of Penal Code, 1860 (IPC) and Section 6 of POCSO Act, registered at Police Station Nangloi. Sanjeev Narula, J., quashed the FIR under Sections 363, 376 of the IPC and Section 6 of POCSO Act as the parties have amicably resolved their differences out of their own free will and without any coercion.
The accused and wife (respondent 3), who is the alleged victim, were married in February 2023 and have an eight-year-old child. On 20-02-23, complainant (respondent 2), lodged a complaint resulting in the registration of FIR at Police Station Nangloi, accusing the petitioner of kidnapping under Section 363 of the IPC.
Following the registration of the FIR, the accused was arrested on 02-06-2023 under Section 376 IPC and Section 6 of the POCSO Act. The petitioner remained in custody for over a month and subsequently filed a Regular Bail Application before the District and Sessions Judge, West District, Tis Hazari Courts, Delhi. On 04-07-2023, the accused was granted bail by the Additional Sessions Judge (ASJ), West District, Tis Hazari Courts, Delhi.
During the investigation, the statement of wife was recorded under Section 164 of CrPC. In her statement, she categorically and unequivocally stated that she had left her residence out of her own free will and did not confirm any allegations of sexual assault.
The matter was amicably settled between complainant and the accused. The terms of the settlement were documented in a Settlement Deed dated 11-07-23, which was submitted to the court. As per the Settlement Deed, the accused agreed to take care of his wife with utmost humility and assured that she would not face any cruelty.
Following the settlement, the accused and his wife were living happily and harmoniously with no subsequent complaints. Based on the amicable settlement, the petitioner filed the petition seeking the quashing of the FIR.
Counsel for the petitioner argued that the FIR should be quashed due to the amicable settlement between the parties highlighting the Settlement Deed dated 11-07-23 and emphasized that both parties voluntarily accepted the terms of the settlement without any coercion. The petitioner also noted that wife, in her statement under Section 164 of CrPC, did not confirm any allegations of sexual assault, and there was no legal impediment in quashing the FIR.
The Court noted that both the parties endorsed the settlement and accepted its terms voluntarily. The Court observed that the differences between the parties had been amicably resolved out of their own free will and without any coercion. Given the mutual settlement, the Court found it in the interest of justice to quash the FIR and the proceedings emanating from it. The Court emphasized that there was no legal impediment to quashing the FIR, as the allegations did not hold after the statement of wife and the subsequent settlement.
Considering the amicable settlement and the absence of any legal impediment, the Court quashed FIR dated 20-02-2023, registered under Sections 363 and 376 of the IPC and Section 6 of the POCSO Act, at Police Station Nangloi. The Court also quashed all consequential proceedings emanating from the FIR.
[Mithun Kori v State, 2024 SCC OnLine Del 5383, decided on 05-08-2024]
Advocates who appeared in this case :
Mr. Akshat Aggarwal, Mr. Mohit Aggarwal, Mr. Abhijeet Singh, Ms. Khushi Aggarwal, Mr Ayush Chadha, Advocates with petitioner.
Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar Arya, Advocate for the State with W/SI Ritu, P.S. Nangloi.
Mr. Akshay Arora, Mr. Ajit Kumar and Mr. Shivam Bhalla, Advocates for R2 & R3 with R2 and R3.
Buy Protection of Children from Sexual Offences Act, 2012 HERE
Buy Penal Code, 1860 HERE
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