Mohd Arshad Alam & ANR v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 242/2017 MOHD ARSHAD ALAM & ANR ..... Petitioners Through:

Mr. S.A. Rajput, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Sanjay Lao, ASC for the State with SI Ravi, P.S. Prasad Nagar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.01.2017 It is submitted that petitioner no.2 is major and has married petitioner no.1 of her own free will and without the consent of her family members including respondent no. 2-Shri Dal Chand. Respondent no. 2 is father of petitioner no.2-Ms. Sonu @ Rahima Khatun.

It is further submitted that since petitioner no.2 was missing from the home respondent no. 2 lodged FIR No. 459/16 under Section 363 IPC at police station Prasad Nagar. Learned ASC for the State submits that age of the petitioner no.2 has been verified and she is major. Respondent no. 2 is present in Court and has been indemnified by SI Ravi of police station Prasad Nagar. Respondent no.2 submits that he has accepted the marriage of the petitioners and is not willing to pursue the FIR any further.

Keeping in mind the above facts, in my view, no fruitful purpose would be served in keeping the petitioners entangled in present criminal proceedings. Accordingly, in the interest of justice, FIR No. 459/16 under Section 363 IPC registered at police station Prasad Nagar and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

JANUARY 25, 2017 ga