SHAHBAZ ALAM KHAN vs STATE OF NCT OF DELH & ANR.

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.07.2025 + CRL.M.C. 3315/2025 SHAHBAZ ALAM KHAN .....Petitioner Through: Mr. Shailesh Kumar Sinha and Mr. Ravi Kumar, Advocate. versus STATE OF NCT OF DELH & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Pradeep Malik, PS Jamia Nagar. Mr. Rajeev Ranjan, Advocate for R-2 with respondent no. 2 and her parents in person. CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner has sought quashing of FIR No. 426/2018 of PS Jamia Nagar for the offence under Section 354/354D/452/506 IPC read with Section 8/12 of the POCSO Act. Learned APP for State and respondent no.2 in person accept notice. The quashing is sought on the basis of settlement between petitioner and prosecutrix (respondent no. 2), who are cousins. 2. Learned counsel for petitioner contends that the offence under CRL.M.C.3315/2025 Page 1 of 3 pages Digitally signed by Signature Not Verified GIRISH KATHPALIA GIRISH KATHPALIA Date: 2025.07.03 Digitally Signed 17:43:22 +05'30' By:NEETU N NAIR Signing Date:03.07.2025 17:50:15 POCSO Act is not even made out from the FIR. This contention is not challenged by learned APP. There is no serious objection from State in view of the peculiar circumstances of this case. 3. The Investigating Officer has identified petitioner and respondent no.2 in Court. 4. I have spoken with petitioner and respondent no. 2 as well as her parents in Hindi. It is stated by them that since petitioner and respondent no. 2 are cousins, under mistaken social beliefs, the petitioner remained under the impression that he would get married with respondent no. 2. It is further submitted by them that petitioner is married and has two daughters and is living in his native village in Bihar. Broadly