MOHD SAIF @ SAIF QURESHI & ORS. vs THE STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19.05.2025 + CRL.M.C. 269/2025 & CRL.M.A. 1364/2025 MOHD SAIF @ SAIF QURESHI & ORS. .....Petitioners Through: Mohd. Ajmal and Sanket Aggarwal, Advocates with petitioner no.1 in person. versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with IO/SI Anuradha Verma, PS Harsh Vihar and SI Kriti Singh, PS Welcome Respondent no.2 in person. CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioners seek quashing of FIR No.204/2022 of PS Welcome for offences under Section 376(2)(n)/417/506 IPC. The prosecutrix has appeared in support of the petitioners. It appears that under false promise of marriage, petitioner no.1 had established sexual relations with the prosecutrix (respondent no.2 herein) and she gave birth to child of the parties on 23.06.2022, after which they got married. Nikahnama of the parties is Annexure P-5. CRL.M.C. 269/2025 Page 1 of 2 pages GIRISH Digitally signed by GIRISH KATHPALIA Signature Not Verified KATHPALIA Date: 2025.05.19 18:57:32 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:19.05.2025 19:35:19 2. Petitioner no.1 and respondent no.2 have appeared personally and are identified by the Investigating Officer/SI Anuradha Verma. I have spoken with the parties in Hindi. It is submitted by them that now they are happily married. They have appeared with their child aged about 3 years. The respondent no.2 requests that the FIR against the petitioners be quashed since she does not wish to pursue their prosecution. Petitioner no.1 also assures that they would live peacefully and he shall not seek or give divorce. 3. Keeping in mind that the allegations levelled in the FIR are not exaggerated ones, I find it a fit case to grant relie