RAJEEV KUMAR vs STATE (GOVT OF NCT OF DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 01st August 2025 CRL.M.C. 5178/2025, CRL.M.A. 22369/2025 RAJEEV KUMAR .....Petitioner Through: Ms. Komal and Mr. Aditya Arora, Advocates with applicant. versus STATE (GOVT OF NCT OF DELHI) .....Respondent Through: Mr. Sanjeev Sabharwal, APP for the State. Mr. Anirudh Sharma, Adv. with R-2. CORAM: HON'BLE MR. JUSTICE ARUN MONGA ARUN MONGA, J. (Oral) 1. Petitioner, legally married to the prosecutix with a child born out of their relationship/wedlock, seeks quashing of an FIR No. 545/2023 dated 28.07.2023 lodged at the relevant time by his girlfriend, now wife, for the alleged offences under Section 376/366 of the IPC and Section 6 of POCSO Act, 2012. 2. The petitioner/husband (accused) is 22 years old, and the respondent No. 2/wife (prosecutrix) is 21 years old. 3. Facts of the case are rather peculiar. It is stated that in year 2020, the father of Respondent No. 2 for greed of money forcibly married her, then a minor (approx. 14 years old), to an elderly alcoholic man. Said marriage was per se illegal and non est. Be that as it may, after her mother’s death, Respondent No. 2 returned to her maternal home, where she developed