Ajay @ Santlal v. State & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3192/2017 AJAY @ SANTLAL ..... Petitioner Through:

Mr. Anuj Soni and Mr. Bharat Sharma, Advs. with petitioner in person.

versus STATE & ORS ..... Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Ram Babu, P.S. Khayala.

Respondent nos.2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.09.2017 FIR No. 187/2015 under Section 363 IPC was registered at police station Khyala on the complaint of respondent no.2. In the FIR, respondent no.2 alleged that petitioner had kidnapped his daughter (respondent no.3). Learned APP submits that subsequently offence under Section 366 IPC has been added. Charge-sheet has been filed and trial is pending. Learned counsel for the petitioner submits that petitioner has settled the matter with the respondent no. 3, who is about 19 years of age as per the date of birth recorded in South Delhi Municipal Corporation School situated in Ward No. 115, Khyala.

Learned APP submits that date of birth of respondent no.3, as per the

school certificate, is 22nd November, 1998. Affidavit of respondent no.3 is also annexed with this petition wherein also age of the respondent no.3 has been mentioned as 19 years.

Respondent nos. 2 and 3 are present in Court and have been identified by SI Ram Babu of police station Khyala. They submit that they have settled the matter with the petitioner of their own free will and without any undue force, pressure or coercion. They have no objection in case FIR is quashed.

Keeping in mind that petitioner is aged about 24 years and has a long carrier ahead and a settlement has been arrived at between him and respondent nos. 2 and 3, in the interest of justice, FIR No. 187/2015 under Sections 363/366 IPC registered at police station Khyala and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

A.K. PATHAK, J.

SEPTEMBER 06, 2017 ga