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High Court of DelhiCRL.M.C./3328/2017

Vinod v. State & ANR

2017-10-31Hon'Ble Mr. Justice A.K. Pathak2 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3328/2017 VINOD ..... Petitioner Through:

Mr. Amit Singh and Ms. Prerana Singh, Advs.

versus STATE & ANR ..... Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Inderveer Singh, P.S. Karawal Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.10.2017 On the complaint of respondent no.2, FIR No. 9/2013 under Section 363 IPC was registered at police station Karawal Nagar against the petitioner.

Respondent no.2 alleged in the FIR that petitioner had taken away his daughter aged about 17 and a half years with him after enticing her. During the investigation, offence under Section 366 IPC was added. Statement under Section 164 Cr.P.C. of victim, who is being referred to as 'X', was recorded wherein she gave her date of birth as 25th December, 1994. She supported the petitioner and stated that she had accompanied the petitioner of her own free will and had married him in a temple. She did not state that petitioner developed physical relations with her.

Respondent no. 2 is present in Court along with his daughter 'X'. They have been identified by SI Indeerveer Singh of police station Karawal Nagar. Respondent no.2 submits that he has accepted the marriage of her daughter 'X' with petitioner. He further submits that his daughter is living with the petitioner. He also submits that at present 'X' is aged about 22 years and has been blessed with a child two years ago. He has no objection in case FIR is quashed.

Keeping in view the facts as detailed above more particularly, the fact that 'X' has not levelled any allegation against the petitioner in her statement under Section 164 Cr.P.C., inasmuch as living with him after marrying him, and has been blessed with a child two years ago, in the interest of justice, FIR No. 9/2013 under Sections 363/366 IPC registered at police station Karawal Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

OCTOBER 31, 2017 ga