Smt. Meenu & ORS. v. State & ANR.

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 407/2019 & Crl.M.A.No.2849/2019 SMT. MEENU & ORS.

..... Petitioners Represented by:

Mr.M.M.Hashmi, Advocate versus STATE & ANR.

..... Respondents Represented by:

Mr.Rahul Mehra, Standing Counsel with Mr.Jamal Akhtar, Mr.Chaitanya and Mr.Aman Preet, Advocates for the State with Insp.Shiv Dutt, SI Rajinder Singh and ASI Satyaveer Singh Mr.Rahul Malik, Mr.L.K.Dixit and Ms.Jaya Tomar, Advocates

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.02.2019 1.

Petitioners who are present in Court state that they are major and have married of their own free will contrary to the wishes of respondent No.4 who lodged a complaint being FIR No.194/2018 under Section 363 IPC at PS Harsh Vihar. They seek quashing of the FIR in question as the prosecutrix has on her own volition gone with the petitioner No.2 and thus no case for kidnapping is made out as also the fact that they have been granted interim protection by the Allahabad High Court. 2.

Notice.

W.P.(CRL) 407/2019

3.

Learned Standing Counsel for the State accepts notice on behalf of respondent Nos.1 to 3. Learned Standing Counsel for the State submits that the petitioners have been granted protection by the Allahabad High Court vide order dated 28th August, 2018, since now the petitioners are at a place within the territorial jurisdiction of this Court further orders will be required to be passed by this Court. He further states that the petitioner No.2 has already been declared a proclaimed offender in the abovenoted FIR on 17th January, 2019. A detailed status report be filed by the State. 5.

Issue notice to respondent No.4 on the petitioner taking steps through ordinary and dasti process, registered AD and speed post returnable on 10th April, 2019.

6.

In the meantime, SHO PS Harsh Vihar will provide protection to the petitioners through beat staff in case it is verified that the petitioners are residing within territorial jurisdiction of his police station otherwise he would intimate the place of residence of the petitioners to the concerned SHO.

7.

Till the next date of hearing, no coercive action be taken against the petitioner No.2 in the above noted FIR.

8.

Order dasti.

MUKTA GUPTA, J.

FEBRUARY 07, 2019 mamta W.P.(CRL) 407/2019