Delhi High Court
CRL.M.C./6919/2026 of MANMOHAN PATHAK AND ORS. Vs THE STATE GOVT OF NCT OF DELHI AND ANR on 30 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010444432026 + CRL.M.C. 6919/2026 MANMOHAN PATHAK AND ORS. .....Petitioners Through: Mr. Anish Mohommad, Mr. Akhil Kumar and Mr. Ashok, Advs. versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Raghuvinder Verma, APP with Mr.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010444432026
+
CRL.M.C. 6919/2026
MANMOHAN PATHAK AND ORS.
.....Petitioners
Through:
Mr. Anish Mohommad, Mr. Akhil
Kumar and Mr. Ashok, Advs.
versus
THE STATE GOVT OF NCT OF DELHI AND ANR
.....Respondents
Through:
Mr. Raghuvinder Verma, APP with
Mr. Aditya Vikram Singh, Adv.
SI Priyanka, P.S. Maidan Garhi.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 30.09.2026
1. This hearing has been done through hybrid mode. CRL.M.A. 28989/2026 (exemption from filing ceritified copies.)
2. Allowed, subject to all just exceptions. Accordingly, the application is disposed of. CRL.M.C. 6919/2026
3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 483/2024, registered at Police Station Maidan Garhi, Delhi, under Sections 376 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) and Sections 9/10 of the Prohibition of Child
Marriage Act, 2006, along with all consequential proceedings arising therefrom.
4. Issue notice. Learned APP accepts notice on behalf of the State.
5. All the Petitioners as well as Respondent No. 2 are present before this Court and have been duly identified by their respective learned counsel.
6. Brief facts of the case are that Petitioner No. 1 and Respondent No. 2 are husband and wife. Petitioners No. 2, 3 and 4 are the mother of Petitioner No. 1 and the biological parents of Respondent No. 2, respectively. The marriage between Petitioner No. 1 and Respondent No. 2 was solemnised on 13.12.2023. A female child was born out of the wedlock on 08.11.2024. Pursuant to the information furnished by the hospital authorities at the time of delivery, the aforesaid FIR came to be registered on 09.11.2024. The Petitioners state that they joined the investigation and cooperated with the Investigating Officer, and the charge-sheet was thereafter filed without arresting any of the Petitioners. Charges have been framed and the matter is presently pending at the stage of prosecution evidence before the learned Trial Court.
7. Learned counsel for the Petitioners submits that the parties have amicably resolved their disputes and are presently residing together. It is submitted that Petitioner No. 1 and Respondent No. 2 have been residing together as husband and wife along with their minor daughter and that Respondent No. 2 does not wish to pursue the present proceedings. Learned counsel further submits that Respondent No. 2 has voluntarily executed an affidavit/no-objection expressing her consent to the quashing of the present FIR and all consequential proceedings arising therefrom.
8. On a query made by this Court, Respondent No. 2 categorically states that she has entered into the settlement voluntarily and without any pressure, coercion, threat, inducement or undue influence. She further states that she has been residing with Petitioner No. 1 as his wife since 2023 and that they are presently residing together along with their minor daughter. She states that she has no objection if the present FIR and all consequential proceedings arising therefrom are quashed.
9. The parties have placed on record their settlement/MOU and Respondent No. 2 has also filed an affidavit affirming that she does not wish to pursue the FIR or the proceedings arising therefrom against the Petitioners. The settlement records that the parties intend to maintain cordial relations and continue to reside together for the welfare of their minor daughter.
10. In view of the peculiar facts and circumstances of the present case, the voluntary statement and no-objection of Respondent No. 2, and the fact that the parties are presently residing together as a family along with their minor daughter, continuation of the criminal proceedings would not serve any useful purpose. The parties have also expressed their desire to maintain their matrimonial and family relationship and to secure the welfare of their minor child.
11. Accordingly, FIR No. 483/2024 registered at Police Station Maidan Garhi, Delhi, under Sections 376 of the IPC, 6 of the POCSO Act and Sections 9/10 of the Prohibition of Child Marriage Act, 2006, along with all consequential proceedings emanating therefrom, including the proceedings pending before the learned Trial Court, are hereby quashed.
12. The present petition stands disposed of. Pending application(s), if any, stand disposed of.
13. Copy of the order be communicated to the concerned Trial Court for necessary action and compliance.
14. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 30, 2026/prg/b/P