Vikas v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2141/2017 VIKAS ..... Petitioner Through Ms. Naina Bajaj, Adv. with petitioner in person versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. M.S. Oberoi, APP with SI Raj Kumar, P.S. Kotla Mubarakpur for the State Respondent nos. 2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.10.2017 Amended memo of parties is taken on record. Respondent nos. 2 and 3 are present in Court and have been identified by SI Raj Kumar of Police Station Kotla Mubarakpur. Respondent nos. 2 and 3 submit that they have settled the matter with petitioner of their own free will, voluntarily and without any undue force, pressure or coercion. MOU has been signed by the petitioner and respondent no. 2. Respondent no. 3 is daughter of respondent no. 2.

Respondent no. 3 was aged about 17 years when she was found missing from the house on 20th August, 2014. Accordingly, respondent no.

2 lodged an FIR No. 702/2014 under Section 363 IPC at Police Station Kotla Mubarakpur. Respondent no. 3 is now major and is aged about 20 years. During the investigation, respondent no. 3 herself returned her own home.

Her statement under Section 161 Cr.P.C. was recorded on 23rd August, 2014, wherein she stated that she had gone with the petitioner of her own. She went with him to Mumbai. She further stated that on 21st August, 2014 she told petitioner that she wanted to go back. Accordingly, petitioner brought her back to Delhi. She has not levelled any allegation of physical relation with the petitioner.

In her statement under Section 164 Cr.P.C., she stated that she had accompanied the petitioner of her own. Respondent nos. 2 and 3 say that the present FIR may be quashed.

Keeping in mind the facts and circumstances as detailed above, in the interest of justice, FIR No. 702/2014 under Section 363 IPC registered at Police Station Kotla Mubarakpur and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

OCTOBER 26, 2017 r.bararia