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High Court of DelhiCRL.M.C./1661/2017

Wasiuddin @ Wasi v. State & ANR

2017-11-10Hon'Ble Mr. Justice A.K. Pathak2 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1661/2017 WASIUDDIN @ WASI ..... Petitioner Through Mr. J.M. Akbar, Adv.

versus STATE & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP with SI Naveen Kumar, P.S. Seelampur for the respondent no. 1 Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.11.2017 It is submitted that petitioner and respondent no. 2 were neighbours at the relevant time. It is further submitted that FIR no.266/2004 under Section 363 IPC was registered at Police Station Seelampur on the complaint of respondent no.2 due to misunderstanding.

Son of respondent no. 2 aged about 4 years was found missing.

Accordingly, aforesaid FIR was registered. Petitioner has not been named in the said FIR.

It is not in dispute that child was not recovered from the custody of petitioner. Child was found in a train at Baraut. Respondent no. 2 is present in Court and has

been identified by SI Naveen Kumar of Police Station Seelampur. Respondent no. 2 says that she has now settled the matter with the petitioner of her own free will, voluntarily and without any undue force, pressure or coercion. Respondent no. 2 submits that she is not willing to pursue the FIR any further and the same may be quashed.

Keeping in view the facts and circumstances, as detailed above, in the interest of justice, FIR no.266/2004 under Section 363 IPC registered at Police Station Seelampur and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

NOVEMBER 10, 2017 r.bararia