Sana & ANR. v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2896/2019 & CRL.M.A. 38004/2019 SANA & ANR.

..... Petitioners Through Mr Sheikha Imran, Mr Iftekhar Ahmad, Advocates.

versus STATE & ORS.

..... Respondents Through Mr R.S. Kundu, ASC, Crl. with Mr Shivom Soharan, Mr Hitesh Vali, Ms Suman Saharan, Mr Pawan Kumar, Advocates.

Inspt. Vijay Kumar Gupta, ASI Suneet Kumar, P.S. nabi Karim.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 20.11.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 358/2018 under Section 363 of the IPC, registered with Police Station Nabi Karim District Central, Delhi and all proceedings emanating therefrom, be quashed.

2.

On 23.10.2018, the said FIR was lodged by respondent no.4 (father of petitioner no.1). He alleged that his daughter was below the age of 18 years and was missing and he suspected foul play.

3.

Investigations were carried out, which revealed that petitioner no.1 had married petitioner no.2 out of her free will on 25.10.2018. Her statement under Section 164 of the Cr.p.c. was recorded on 05.10.2019 and

she stated that she did not wish to live with her parents but wanted to live with her husband.

4.

Admittedly, the petitioners are majors as of date. They are present in Court and are identified by their counsel. They pray that the FIR in question be quashed. Petitioner no.1 states that she had left the house of her parents out of her own free will as she wanted to marry petitioner no.2 and her parents were not agreeable for the same.

5.

Petitioner no1's date of birth has been verified as 29.11.2000. In view of the aforesaid statements made by petitioner no.1, the FIR No. 358/2018 under Section 363 IPC, registered with Police Station Nabi Karim District Central, Delhi and all proceedings emanating therefrom, are quashed. 6.

The petition is disposed of.

VIBHU BAKHRU, J NOVEMBER 20, 2019 pkv