Sunil Kumar v. State NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3650/2017 SUNIL KUMAR ..... Petitioner Through Mr.

Gopal Sharma, Adv.

with petitioner in person versus STATE NCT OF DELHI & ORS ..... Respondents Through Mr.

M.S.

Oberoi, APP with SI Karamvir, P.S. Narela for the State Mr.

R.K.

Bachchan, Adv.

with respondent nos. 2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.10.2017 Notice could not be issued to the respondent nos. 2 and 3 as process fee was not filed. However, respondent nos. 2 and 3 are present in Court and have been identified by SI Karamvir of Police Station Narela. Respondent no. 3 is daughter of respondent no. 2. Respondent no. 3 was missing from her house; therefore, respondent no. 2 lodged an FIR No. 699/2012 under Section 363 IPC at Police Station Narela. During the investigation, Investigating Officer found respondent no. 3 living with petitioner. Respondent no. 3 is aged about 21 years as of now. Her date of

birth is 1st January, 1995.

At the time of registration of FIR on 23rd December, 2012, age of respondent no. 3 was 17 years and 111⁄2 months. It is submitted that petitioner and respondent no. 3 have married and are living together.

They are also blessed with two children.

Respondent no. 2 submits that marriage was solemnised after respondent no. 3 attained the age of majority. Respondent nos. 2 and 3 say that they are not willing to pursue the FIR any further and the same may be quashed. Keeping in view the facts and circumstances as detailed above, more particularly the fact that petitioner and respondent no.3 are living together and have been blessed with two children, in the interest of justice, FIR No. 699/2012 under Section 363 IPC registered at Police Station Narela and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

OCTOBER 27, 2017 r.bararia