RIHAN Vs. STATE

JUDGEMENT

(1.) Present petition has been filed by petitioner seeking quashing of FIR No.281/2016, dtd. 29/6/2016 under Sec. (s) 376/506 of the Indian Penal Code, 1860 and Sec. (s) 4/6 of Protection of Children from Sexual Offences Act, 2012, P.S. Gandhi Nagar, Delhi and all the proceedings emanating therefrom, in view of the settlement recorded in the form of a Compromise Deed dtd. 15/2/2023, inter-se the petitioner and respondent no.2.

(2.) As per FIR, the complainant/ prosecutrix was taken to a Doctor after having pain in her stomach and an ultrasound revealed that she was six months pregnant. The aforesaid led to the registration of the FIR, as per which an individual @Rihan, the petitioner herein, had forcefully established physical relations with her.

(3.) During the course of addressing arguments, the learned counsel appearing for the petitioner submits that the complainant/ prosecutrix has since married the petitioner on 4/4/2018 i.e., prior to the completion of two years of the registration of the FIR. Not only that, today they are happily living together and have also been blessed with two male children, namely Master Ayan and Master Azhar. Thereafter, he has also handed over a Compromise Deed dtd. 15/2/2023, which is taken on record, and submits that the complainant/ prosecutrix has since settled all her disputes with the petitioner. In fact, both complainant/prosecutrix and the petitioner are present in Court along with their son Master Ayan today.