AMAN GUPTA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed seeking quashing of FIR No. 176/2022 dtd. 28/2/2022, registered at Police Station Mehrauli, for the offences punishable under Sec. 376 of the Indian Penal Code, 1860 ('IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), including all consequential proceedings emanating therefrom, on the ground that the parties had since married.

(2.) Briefly stated, the FIR was registered after the victim/ Respondent No.2, who was 17 years of age, had given birth to a baby girl pursuant to engaging in physical relations with the petitioner (neighbour of the victim at that time). Allegedly, the petitioner had proposed to the victim for marriage, whereafter, they had entered into a relationship.

(3.) It is asserted that the parties have since married and are happily residing together, whereby no purpose will be served by continuation of proceedings. It is stated that the parties had developed an amorous relation when they were neighbours and although Respondent No.2 was 16-17 years old when the parties engaged in physical relations, the petitioner was also only 19 years old.