In one of the most legally delicate and time-sensitive matters handled by our office, we successfully secured quashing of an FIR involving allegations under Section 376 IPC and Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act) before the Hon’ble High Court of Delhi.
The matter arose out of FIR No. 37/2024 registered at Police Station Vasant Vihar, New Delhi, wherein severe allegations had been levelled against the petitioner. The investigation subsequently culminated into filing of a charge-sheet under Sections 363/376 IPC and Section 6 of the POCSO Act. The case carried profound implications upon the personal liberty, social standing and future of the petitioner.
Upon an exhaustive examination of the factual matrix and judicial record, our legal team identified that the dispute stemmed from a consensual adolescent relationship and not from circumstances involving coercion, force, exploitation or criminal intent. The record reflected that the parties had voluntarily entered into a relationship and subsequently began residing together of their own free choice.
During the pendency of proceedings, a significant development took place. The parties solemnized marriage according to Hindu rites and ceremonies and thereafter started residing together as husband and wife, establishing a stable matrimonial home. The prosecutrix unequivocally conveyed that continuation of criminal proceedings would serve no beneficial purpose and expressed her absence of objection towards quashing of the FIR and all consequential proceedings.
Recognising the exceptional facts of the matter and the urgent nature of the relief sought, our office invoked the extraordinary jurisdiction of the Hon’ble Delhi High Court by filing a petition under Section 528 BNSS seeking quashing of the FIR and all consequential proceedings.
The matter required careful legal navigation because proceedings under the POCSO Act are treated with utmost seriousness and ordinarily do not fall within the category of matters readily amenable to compromise. Therefore, the challenge was not merely procedural but jurisprudential — balancing statutory rigour with the broader objectives of justice, equity and preservation of a family unit.
Our submissions placed emphasis upon:
• The consensual nature of the relationship reflected from the factual record.
• Subsequent marriage between the parties.
• The categorical stand of the prosecutrix supporting closure of proceedings.
• The absence of any continuing dispute between the parties.
• The principle that criminal law should not become an instrument resulting in destruction of an existing matrimonial life where peculiar facts justify judicial intervention.
After considering the submissions and recording the voluntary statements of the parties, the Hon’ble High Court observed that continuation of proceedings would serve no useful purpose and would instead create further acrimony between them. Consequently, the Hon’ble Court exercised its jurisdiction and quashed FIR No. 37/2024 together with all consequential proceedings arising therefrom.
This outcome represents not merely the conclusion of a criminal case, but restoration of stability, dignity and future prospects for the parties involved. The matter stands as an example of nuanced legal advocacy where courts, while maintaining the sanctity of law, also ensured that justice remained rooted in practical realities and human circumstances.
Result:
FIR No. 37/2024 registered at P.S. Vasant Vihar under Sections 363/376 IPC and Section 6 of the POCSO Act — Quashed by the Hon’ble High Court of Delhi.
Handled by:
Surit Chaubey, Advocate & Ishtha Singh, Advocate
Supreme Court of India / Delhi High Court
Order: 2026