LAWS(DLH)-2023-12-92

AMIT KUMAR Vs. STATE NCT OF DELHI

Decided On December 13, 2023
AMIT KUMAR Appellant
V/S
STATE NCT OF DELHI Respondents

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of the Criminal Procedure, 1973 (CrPC), the petitioner is seeking quashing of FIR No.356/2023 dtd. 22/3/2023 registered under Ss. 376/509 of the Indian Penal Code, 1860 (IPC) read with Sec. 4 of The Protection of Children from Sexual Offences Act, 2012 (POCSO) and Ss. 9/10/11 of Prohibition of Child Marriage Act, 2006 (PCM) registered at P.S. Burari, Delhi and all proceedings emanating therefrom.

(2.) As per FIR, at the time of incident the prosecutrix, aged around 17 years old, felt pain in her stomach. An ultrasound revealed that she was almost 8 months pregnant. Then the FIR against the petitioner, who was alleged to be the father of the unborn child, was registered.

(3.) Notice was issued and Status Report was called for.