Riyajudadeen Ansari v. The State (Govt. Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 444/2020 RIYAJUDADEEN ANSARI ..... Petitioner Through Mr. Sushil Kumar Jain, Adv.

versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Mr. Rajesh Mahajan, ASC with Ms Jyoti, Mr Shrutika Vedi, Advocates.

SI Malkhan Singh Yadav, P.S. OI Area present.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.02.2020 1.

The petitioner has filed the present petition, inter alia, praying that FIR bearing No.0051/2020 under Section 363 of the IPC registered with Police Station Okhla Industrial Area and all proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of the petitioner. It was reported that his minor daughter was missing. The petitioner states that he had subsequently found his daughter residing at her native village and she had not been abducted. He claims that he had filed the said FIR on a misconception that she had been kidnapped.

3.

Mr. Mahajan, learned ASC states that there is no difficulty in quashing the said FIR provided the necessary enquiries are made from the minor to ascertain whether she has been a victim of any offence.

4.

The petitioner's minor daughter is present in Court. This Court has interacted with her and at the request of this Court, Ms Dhalla, learned APP has also interacted with her separately. After interaction with her, this Court is persuaded to accept that she had gone to her native village voluntarily and was not subjected to any offence 5.

In view of the above, this Court considers it apposite to allow the present petition.

6.

Accordingly, FIR bearing No. 0051/2020 under Section 363 of the IPC registered with Police Station Okhla Industrial Area and all proceedings emanating therefrom, are quashed.

VIBHU BAKHRU, J FEBRUARY 13, 2020 dr/pkv