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High Court of DelhiCRL.M.C./1743/2016

Shahnawaz @ Bhura & ANR v. State ( NCT Of Delhi) & ANR

2016-09-26Hon'Ble Ms. Justice Mukta Gupta1 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1743/2016 SHAHNAWAZ @ BHURA & ANR ..... Petitioner Represented by:

Mr. S.L. Kashyap, Adv.

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

Mr. Hirein Sharma, APP Mr.J.G.Goswami, Adv.for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.09.2016 By the present petition, petitioner No.1 seeks quashing of FIR No.108/2012 under Section 363 IPC registered at PS Mianwali Nagar on the complaint of respondent No.2 who is father of petitioner No.2 and petitioner No.2 is a victim.

Learned APP for the State points out that after investigation since petitioner No.2 was a minor, charge sheet for offences punishable under Sections 376/174A IPC besides Section 363 IPC has been filed against petitioner No.1.

For the offences invoked being serious in nature, the above-noted FIR cannot be quashed in view of the decision of the Supreme Court reported as 2012 (9) Scale 257: 2012 (10) SCC 303 Gian Singh Vs. State of Punjab & Anr. and (2014) 6 SCC 466 Narinder Singh and Ors.vs. State of Punjab and Anr.

Petition is dismissed.

MUKTA GUPTA, J.

SEPTEMBER 26, 2016/'v mittal'