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High Court of DelhiCRL.M.C./3445/2016

Bunty @ Subin Tomar & ANR. v. State(NCT Of Delhi) & ANR.

2017-02-27Hon'Ble Ms. Justice Mukta Gupta2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3445/2016 & Crl.M.A. 14567/2016 BUNTY @ SUBIN TOMAR & ANR.

..... Petitioner Represented by:

Mr. Kushbir Singh, Adv.

versus STATE(NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Rajpal, PS Uttam Nagar.

Ms. Shaiza, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.02.2017 By the present petition, the petitioners Bunty @ Subin Tomar and Jitender @ Jeetu seek quashing of FIR No.224/2000 under Sections 341/342/377/34 IPC registered at PS Uttam Nagar on the complaint of respondent No.2.

Learned APP for the State has pointed out that in the FIR in question, besides the two petitioners there were two other persons involved out of whom one was a juvenile who has been released on admonition pursuant to an enquiry conducted and the fourth person namely Sonu has not been impleaded as a party.

Learned counsel for the petitioner states that Sonu has since been declared proclaimed offender vide order dated 30th May, 2014. Be that as it may, the petitioners seek quashing of FIR No.224/2000

inter alia under Section 377 IPC. The offence punishable under Section 377 IPC being serious in nature, the same cannot be quashed in view of the decisions of the Supreme Court reported as 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 and application are dismissed.

MUKTA GUPTA, J.

FEBRUARY 27, 2017 'v mittal'