Sarwan v. State Of NCT Of Delhi & ANR

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 732/2017 SARWAN ..... Petitioner Through :Mr. Avinash Trivedi and Ms. Ritika Trivedi, Advs.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through :Ms. Manjeet Arya, APP with SI P.L.

Meena, P.S.

Aman Vihar for respondent no. 1 Respondent no. 2 and his daughter in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.09.2017 FIR No. 572/2013 under Section 363 IPC was registered at P.S. Aman Vihar on the complaint of respondent no. 2. In the FIR, respondent no.2 had stated that her daughter was about fifteen and a half years old and petitioner had taken her away after enticing her.

It is submitted that petitioner and daughter of the respondent no. 2 were in love and married without the consent of respondent no. 2. Therefore, present FIR was registered. It is further submitted that respondent no. 2 also filed a writ of habeas corpus, that is, WP(Crl.) no. 70/2014, which was disposed of by this Court, vide order dated 19th March, 2014. Daughter of respondent no. 2 had appeared in

the said writ petition. Respondent no. 2 and his daughter had stated in the said writ petition that they will take necessary steps for withdrawal of the case/quashing of the FIR against the petitioner, if so desired at the subsequent date. Respondent no. 2 as well as his daughter are present in Court. Daughter of respondent no. 2 says that since now she has attained the age of majority. She has rejoined the company of petitioner and is living with him.

Respondent no. 2 says that he has accepted the marriage. Respondent no. 2 as well as daughter of respondent no. 2 say that present FIR may be quashed.

Keeping in mind the facts, as narrated above, more particularly the fact that daughter of respondent no. 2 has attained the age of majority and has rejoined the company of petitioner, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR, wherein Section 366 IPC was also added subsequently and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 15, 2017/rb