Delhi High Court
Abhishek Singh vs State & Ors. on 31 July, 2015
Author: Sunil Gaur
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: July 31, 2015
+ CRL.M.C. 3065/2015
ABHISHEK SINGH ..... Petitioner
Through: Mr. Vijay Dahiya, Advocate
versus
STATE & ORS .....Respondents
Through: Mr. Karan Singh, Additional
Public Prosecutor for respondent-
State with ASI Rajneesh
Respondents No.2 and 3 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.484/2012 under Section 363 of the IPC,
registered at Police Station Samaypur Badli, Delhi is sought on the basis
of affidavit of 14th July, 2015 of respondent No.2, who is the mother of
respondent No.3-prosecutrix.
Notice.
Mr. Karan Singh, learned Additional Public Prosecutor, accepts
notice for respondent-State and submits that respondents No.2 and 3 are
present in the Court and respondent No.2, who is the mother of the
prosecutrix, has been identified to be the complainant/first-informant of
the FIR in question and respondent No.3 has been identified to be
prosecutrix by ASI Rajneesh on the basis of the identity proof produced
by them. Learned Additional Public Prosecutor for respondent-State
CRL.M.C. 3065/2015 Page 1
further submits that the prosecutrix was 16 years old at the time of the
incident in question
Respondent No.2, present in the Court affirms contents of her
affidavit in support of the petition and submits that respondent No.3-
prosecutrix had voluntarily accompanied petitioner-accused and had
willingly married him in December, 2012 and since then, she is happily
residing with petitioner and a girl child has been born out of their
wedlock, who is now aged one year, and now, prosecutrix has attained
the age of majority and so, to restore cordiality amongst the parties,
proceedings arising out of FIR in question be brought to an end.
Respondent No.3-prosecutrix affirms the aforesaid stand taken by second
respondent and the contents of the affidavit filed in support of this
petition.
A Full-Bench of this Court in Court on Its Own Motion (Lajja
Devi) & Ors. v. State 2012 (3) JCC 148, has authoritatively held as
under:-
"If the girl is more than 16 years, and the girl makes a
statement that she went with her consent and the statement and
consent is without any force, coercion or undue influence, the
statement could be accepted and Court will be within its power
to quash the proceedings under Section 363 or 376 IPC. Here
again no straight jacket formula can be applied. The Court has
to be cautious, for the girl has right to get the marriage nullified
under Section 3 of the PCM Act. Attending circumstances
including the maturity and understanding of the girl, social
background of girl, age of the girl and boy etc. have to be taken
into consideration."
In „Gian Singh Vs. State of Punjab‟ (2012) 10 SCC 303 Apex
CRL.M.C. 3065/2015 Page 2
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, by observing as under:-
"61. In other words, the High Court must consider
whether it would be unfair or contrary to the interest of justice
to continue with the criminal proceedings or continuation of
criminal proceedings would tantamount to abuse of process of
law despite settlement and compromise between the victim and
the wrongdoer and whether to secure the ends of justice, it is
appropriate that criminal case is put to an end and if the
answer to the above question(s) is in the affirmative, the High
Court shall be well within its jurisdiction to quash the criminal
proceedings."
Applying the dictum of afore-noted decisions to the facts of this
case, I find that respondent No.3-prosecutrix had attained the age of
discretion at the time of incident in question and had voluntarily
accompanied petitioner-accused and had willingly married him and a girl
child has born out of their wedlock and they are happily residing with
since December, 2012 and so, to restore cordiality amongst the parties,
the proceedings arising out of the FIR in question deserve to be put to an
end.
Accordingly, this petition is allowed and FIR No.484/2012 under
Section 363 of the IPC, registered at Police Station Samaypur Badli,
Delhi and proceedings emanating therefrom are quashed qua petitioner.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JULY 31, 2015
s
CRL.M.C. 3065/2015 Page 3
