P vs State (NCT Of Delhi) & Ors.

Exemption allowed subject to all just exceptions.

Petitioner herein seeks quashing of FIR No.99/2026 dated 13.03.2026, registered at Police Station Anand Vihar, for commission of offences under Sections 79/115(2) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 509/323 IPC) and Section 12 of Protection of Children from Sexual Offence Act (POCSO), 2012, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

As per the bare averments appearing in abovesaid FIR, the victim girl, aged about 13 years, claimed that she started to reside with her maternal aunt (petitioner herein) and maternal uncle (respondent No.3/de facto complainant) for the purposes of pursuing her education in Delhi. She claimed that the conduct of her aunt towards her was not cordial. She alleged that owing to matrimonial discord and frequent quarrels between the petitioner and respondent No. 3, she was exposed to strained domestic atmosphere and that the petitioner had also used abusive and derogatory language towards her, made her undertake household chores and subjected her to physical assault.

Investigation is over and charge-sheet has already been filed.

In the interregnum, with the intervention of family members and well-wishers, both the parties have amicably resolved all their disputes and entered into a comprehensive Compromise Agreement dated 03.08.2026.

Copy of such Compromise Agreement is on record.

It is in the abovesaid backdrop that quashing is being sought.

The victim girl (respondent No.2) and respondent No.3 are present in-person and have been duly identified by their counsel as well as by the Investigating Officer.

The Court had interacted with the victim girl in chamber and during such chamber interaction, she submitted that she was fed up with the frequent quarrel which used to take place between her maternal uncle (mama) and maternal aunt (mami) and, therefore, she had lodged the abovesaid complaint. She submitted that now, they have patched up their differences and, thus, she is not interested in pursuing with the abovesaid FIR and has entered into the abovesaid settlement voluntarily and without any pressure, coercion and undue influence from any corner whatsoever. She also submitted that she was, in the interregnum, residing with her another maternal uncle but may soon return to the younger maternal uncle (respondent No.3). The Court has also gone through her statement made under Section 183 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which does not contain anything serious.

The mother of victim child has also joined the proceedings through video-conferencing and submits that she has entered into settlement on behalf of her daughter and would have ‘no objection’ to the quashing of the FIR. She states that her husband is no longer alive and since she is working in Gurugram, her daughter is staying with her brother in Delhi and is pursuing her education from Delhi only.

Maternal uncle and maternal aunt, who are present during the interaction, assure that there would not be any inconvenience to the girl in future.

In view of the settlement arrived at between the parties and keeping in mind the wish and desire of young girl, continuing with criminal proceedings would serve no useful purpose, particularly when both the parties, who are closely related to each other, are desirous of putting an end to the matter to maintain their peace and harmony.

Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

Consequently, to secure the ends of justice, FIR No.99/2026 dated 13.03.2026, registered at Police Station Anand Vihar, for commission of offences under Sections 79/115(2) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 509/323 IPC) and Section 12 of Protection of Children from Sexual Offence Act (POCSO), 2012, along with all consequential proceedings arising therefrom, is, hereby, quashed.

Compromise Agreement and original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

The petition stands disposed of in aforesaid terms.