MAHESH KUMAR vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 02.07.2025 + CRL.M.C. 558/2025, CRL.M.A. 2658/2025 CRL.M.A. 2657/2025 (stay) & CRL.M.A. 2659/2025 MAHESH KUMAR .....Petitioner Through: Mr. Jitender Singh and Ms. Renuka Singh, Advocates. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Laksh Khanna, APP for State with SI Jaspreet Pannu, PS Paharganj and SI Dharmendra Sharma, PS Patel Nagar. CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner seeks quashing of FIR No.161/2019 of PS Patel Nagar for offence under Section 363/366/366A/376 IPC & Section 6 POCSO Act. The quashing is sought on the ground that the FIR was registered under wrong advice and now petitioner has settled the disputes with victim (respondent no.2). 2. Learned APP accepts notice for the State. Respondent no.2 (victim) present in Court with her mother and identified by Investigating Officer/SI Jaspreet Pannu also accepts notice. CRL.M.C.558/2025 Page 1 of 3 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA KATHPALIA Date: 2025.07.02 18:38:49 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:02.07.2025 18:49:53 3. It appears that the impugned FIR was registered on the basis of a missing complaint lodged by mother of the victim. Subsequently during investigation, it came out that the victim, aged 19 years had eloped with the petitioner as they were involved in a love affair and got married. According to prosecution, the victim was aged less than 18 years when she eloped whereas according to statement of victim recorded under Section 164 CrPC, she was aged 19 years and her age in the Aadhar Card was wrongly mentioned for the purposes of school admission. 4. I have spoken with the petitioner and respondent no.2 as well as her