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High Court of DelhiW.P.(CRL)/1088/2018

Vijay Nagar @ Pappu & ANR v. State (NCT Of Delhi) & ORS

2018-05-18Hon'Ble Ms. Justice Mukta Gupta2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1088/2018 VIJAY NAGAR @ PAPPU & ANR ..... Petitioner Represented by:

Mr. Aziz-ul-Hassan, Advocate.

versus STATE (NCT OF DELHI) & ORS ..... Respondent Represented by:

Ms. Iti Pandey, Advocate for Ms. Kamna Vohra, ASC.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.05.2018 1.

By the present petition the petitioners seek quashing of FIR No. 358/2016 under Sections 323/341/365/34 IPC registered at PS Mandawali, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 is the complainant/ victim and respondent No. 3 is the other victim. 3.

As noted from the contents of the FIR registered on the complaint of respondent No. 2, both respondent No. 2 and respondent No. 3 were kidnapped by the petitioners and respondent No. 2 managed to escape from there.

4.

As regards respondent No. 3 he has made a statement under Section W.P.(CRL) 1088/2018

164 Cr.P.C. wherein he stated that he has gone of his own and was not kidnapped by anybody.

5.

Considering the complaint of respondent No. 2 that he was kidnapped, later escaped and the offence punishable under Section 365 IPC being serious in nature, even on the basis of settlement arrived at between the parties, this Court finds no ground for quashing of the FIR in question. 6.

Petition is dismissed.

MUKTA GUPTA, J.

MAY 18, 2018 'yo'

W.P.(CRL) 1088/2018