AKASH KUMAR vs THE STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th January, 2026 + CRL.M.C. 445/2026 AKASH KUMAR .....Petitioner Through: Mr. Raj Kumar and Mr. Ocean Chaudhary, Advocates with petitioner in person. versus THE STATE NCT OF DELHI AND ANR .....Respondent Through: Mr. Satiwinder Singh Bawa, APP for the State with SI N.K. Patil, PS Kalyanpuri. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CRL.M.A. 1774/2026 Exemption allowed subject to all just exceptions. CRL.M.C. 445/2026 1. The present petition seeks quashing of FIR No.405/2020 dated 11.10.2020, registered at P.S. Kalyanpuri, Delhi for commission of offences under Sections 376(2)(n)/506 IPC, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties. 2. The abovesaid FIR was registered at the behest of respondent No.2, who made allegations against the petitioner for making physical relation with her on false pretext of marriage. 3. Fact, however, remains that during the investigational stage itself, when the statement of the prosecutrix was got recorded under Section 164 Cr.P.C., she, in no uncertain words, revealed on oath that the case had been Signature Not Verified Signed By:SONIA CRL.M.C. 445/2026 1 THAPLIYAL Signing Date:28.01.2026 14:17:05 lodged on the basis of some misunderstanding and she never imagined that it would be converted into a rape case. She also revealed that she was getting married with the accused and therefore, did not want her complaint to be pursued any further. 4. On the basis of her such statement made under Section 164 Cr.P.C., prosecution filed a closure report. 5. However, when such closure report was laid before the learned Magisterial Court, the Court declined to accept the same and chose to pr