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High Court of DelhiW.P.(CRL)/2600/2016

Suneel & ANR v. State Of NCT Of Delhi & ANR

2017-01-18Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2600/2016 SUNEEL & ANR ..... Petitioner Through:

Mr. R.K. Gupta & Mr. Ram Krishan Gupta, Advocates.

versus STATE OF NCT OF DELHI & ANR ..... Respondent Through:

Mr. R.S.Kundu, ASC with SI Vijay Kumar Baliyan, PS Farsh Bazar

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 18.01.2017 The present writ petition has been preferred by the petitioners to seek the quashing of the FIR No. 500/2014 dated 25.06.2014 registered at P.S. Farsh Bazaar under Sections 363/34 of the Indian Penal Code (IPC). The said FIR was lodged by the father of the Petitioner No. 2 alleging kidnapping of her daughter by one Sunil Kumar and one Anil Kumar (Petitioners no. 1 and 3 respectively). The Petitioner No. 1 and 2 solemnized their marriage on 23.06.2014 according to rites and rituals of Arya Samaj. A copy of the certificate has been put on record. Mr. Kundu states, on instructions from IO, that the statement of petitioner No.2 - Smt. Laxmi has been got recorded under Section 164 Cr.P.C. and she has not supported the allegations made in the FIR. He, therefore, submits that the Court may pass appropriate orders quashing the

FIR in question. Since the petitioner No.2 states that she is a major and she left her parental home of her own free will and accord and married to petitioner No.1, the FIR in question cannot be sustained and the same is, accordingly, quashed.

Dasti.

VIPIN SANGHI, J JANUARY 18, 2017 sl