The Delhi High Court has quashed a First Information Report (FIR) registered on charges of rape and under the Protection of Children from Sexual Offences (POCSO) Act, after observing that the parties involved have settled their disputes and are living together as a family with two children.
A single-judge Bench of Justice Girish Kathpalia noted that forcing the couple to undergo a criminal trial would serve no purpose given the present circumstances.
Court interaction and decision
During the hearing, Justice Kathpalia personally interacted with both the petitioner, Sahil Chadha, and the de facto complainant. The complainant, who was around 17 years and 10 months old at the time of the incident, stated that she did not wish to pursue the prosecution further.
“I have spoken with both parties in Hindi, and it is stated by them that now they are living happily as a family and have two children. [H]aving spoken with the parties, I am satisfied that it would be in the interest of justice not to push the parties through trial,” Justice Kathpalia observed while setting aside the FIR and all related proceedings.
Background of the case
The FIR was originally registered at Civil Lines Police Station under Section 376 of the Indian Penal Code (rape) and Section 6 of the POCSO Act, after the complainant’s pregnancy came to light when she was taken to a hospital. Authorities reported the matter to the local police, leading to the registration of the FIR.
The sexual relationship between the petitioner and the complainant occurred around the time the complainant attained the age of majority.
State’s stance
During the hearing, the Delhi Police, represented by Additional Public Prosecutor Nawal Kishore Jha, informed the court that the State had “no serious objection” to the quashing plea.
Court’s conclusion
Allowing the petition, the High Court observed: “FIR No. 47/2019 of PS Civil Lines for offence under Section 376 IPC read with Section 6 POCSO Act as well as proceedings arising out of the same are quashed.”
The decision highlights the court’s approach in cases where both parties have reconciled and settled their differences, particularly when prosecution may no longer serve the interest of justice.
Conclusion
While matters involving sexual offences are generally treated with utmost seriousness under Indian law, the Delhi High Court’s ruling underscores that the judicial system can exercise discretion in light of changed circumstances, reconciliation, and the parties’ wishes, provided public interest and legal safeguards are maintained.