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High Court of DelhiCRL.M.C./991/2018

Jai Prakash & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-02-26Hon'Ble Mr. Justice A.K. Pathak2 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 991/2018 JAI PRAKASH & ORS ..... Petitioners Through:

Mr. Vijay Kumar, Adv. along with petitioners in person.

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

Mr.G.M.

Farooqui, APP with SI Dinesh, P.S. Aman Vihar.

Mr. Pankaj Kumar, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.02.2018 Petitioner no.2 was found missing from her house by her mother, that is, respondent no.2-Smt. Phoolwati, accordingly, FIR No. 390/2009 under Section 363 IPC was registered at police station Aman Vihar, on the complaint of respondent no.2.

At the time of lodging of the FIR, that is, 19th December, 2009 petitioner no.2 was aged about 17 years. She is now major being 25 years old. Petitioner no.2 and her mother-respondent no.2 are present in Court and have been identified by SI Dinesh of police station Aman Vihar. Petitioner no.2 states that she had accompanied the petitioner no. 1 of her own free will and without any inducement, coercion or pressure. She has now married petitioner no.1 and is still living with him. Two

children have also born out of their wedlock. She further states that FIR may be quashed. Respondent no.2 (complainant) also states that FIR may be quashed since her daughter has married petitioner no.1, inasmuch as, couple had been blessed with two children.

Keeping in mind the facts and circumstances, as detailed above, I am of the view no fruitful purpose would be served in keeping the present criminal proceedings pending.

Accordingly, aforesaid FIR and the consequent proceeding emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

FEBRUARY 26, 2018 ga