Delhi High Court: A petition was filed by the petitioner under Section 528 of BNSS (erstwhile Section 482 of CrPC) seeking quashing of FIR registered under Section 363 of IPC, and thereafter, the chargesheet has been filed under Sections 363, 365, 376, 368, 212, 506, 34 Penal Code, 1860 (IPC), and Section 4 of Protection of Children from Sexual Offences (POCSO) Act. Jasmeet Singh. J., quashed the FIR and proceedings as quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice.
An FIR was registered under Section 363 of Penal Code, 1860 (IPC), later culminating in a chargesheet filed under Sections 363, 365, 376, 368, 212, 506, and 34 of the IPC, as well as Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. The complainant, the father of a minor girl, alleged that his 16-year-old daughter had been kidnapped by Petitioner 1. During the pendency of the proceedings, it emerged that the prosecutrix and Petitioner 1 had been in a consensual relationship. They later married in 2019, according to Muslim rites and customs, and now have two children. The prosecutrix, now 25 years old, and her father informed the Court of their willingness to settle the dispute and quash the proceedings. Both parties affirmed that the settlement was entered into voluntarily and without coercion.
Counsel for the petitioners contended that the prosecutrix had willingly eloped with petitioner 1 and subsequently married him. Counsel further argued that continuing the proceedings would disrupt the peace and stability of the family unit, especially given the presence of minor children born from the marriage.
The Additional Public Prosecutor (APP), however, vehemently opposed the quashing of the FIR. The APP underscored the seriousness of the allegations, particularly the charge under Section 376 IPC, which constitutes an offence against society. It was argued that such cases should not be compromised as they carry broader implications for societal welfare.
The Court undertook a nuanced analysis of the facts, balancing the nature of the allegations against the subsequent developments in the lives of the parties. The Court acknowledged that while offences like rape and those under the POCSO Act are grave and generally non-compoundable, the peculiar facts of this case warranted a different approach. The prosecutrix had been a minor at the time of the incident, making her consent legally irrelevant. However, the Court observed that there was no evidence of force or coercion in the relationship.
The Court noted that FIRs in similar cases had been quashed to preserve familial harmony. It noted that the prosecutrix and Petitioner 1 had married, their families had accepted the union, and they were raising children together. The Court further observed that prosecuting Petitioner 1 would likely harm the family’s stability and prospects, including those of the minor children.
The Court emphasized that while it must be cautious in quashing FIRs in cases involving heinous offences, it cannot ignore the welfare of the prosecutrix, her children, and the family unit. It also noted that the prosecutrix had unequivocally expressed her desire to put the matter to rest and continue living with her husband without any legal impediments.
The Court quashed FIR and all consequential proceedings emanating therefrom as continuing the proceedings would serve no constructive purpose and would instead disrupt the lives of the parties involved. The Court held that quashing the FIR would secure the ends of justice and bring peace to the lives of the prosecutrix, her husband, and their children.
[Moeed Ahamad v. State NCT of Delhi, 2024 SCC OnLine Del 8119, decided on 19-11-2024]
Judgment By: Justice Jasmeet Singh
Advocates who appeared in this case :
Mr Lewish Edward, Advocate for petitioner
Mr Sanjeev Sabharwal, APP for State with Ms Sanya Narula, Adv. SI Nagendra Singh, PS- Mahendra Park.
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