Manju & ANR v. State & ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3038/2015 MANJU & ANR ..... Petitioners Through :Mr. Rakesh Kumar Gupta, Adv. with petitioners in person.

versus STATE & ANR ..... Respondents Through : Mr. Rajesh Mahajan, ASC for Mr.

Ari Singh, ASC with Mr. Ananya Mohan, Adv.

and Inspector S.N.

Pandey, P.S. New Ashok Nagar for respondent no. 1 Mr. Ram Krishan Gupta, Adv. for respondent no. 2 with respondent no.

2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.07.2016 Respondent no. 2 is husband of Ms. Sunita, who is daughter of the petitioner no. 1 Ms. Manju. Petitioner no. 2 is husband of petitioner no. 1. FIR No. 329/2015 under Section 363 IPC was registered at Police Station New Ashok Nagar on the complaint of petitioner no. 1. Petitioner no. 1 alleged in the FIR that her daughter, namely, Sunita, aged about 15 years was missing since 7th March, 2015.

Date of birth of Ms. Sunita is stated to be 28th January, 1999.

Presently, she is 171⁄2 years of age. Petitioner nos.

1, 2, respondent no. 2 and Ms. Sunita are present in Court. It is submitted that Ms. Sunita and respondent no. 2 have married on 10th March, 2015. Petitioner no. 1 submits that she has accepted the marriage. Ms. Sunita has not levelled any allegation against the respondent no. 2. Ms. Sunita states that she had voluntarily accompanied the respondent no. 2. Petitioner no. 1 and respondent no. 2 as well as Ms. Sunita submit that FIR be quashed. Inspector S.N. Pandey, P.S. New Ashok Nagar is present in Court and has identified the petitioner no. 1, Ms. Sunita and respondent no. 2. Compromise Deed dated 6th August, 2015 has also been placed on record, which has been signed by the petitioners, respondent no. 2 and father of respondent no. 2.

Keeping in mind the totality of circumstances, in the interest of justice, FIR No. 329/2015 under Section 363 IPC registered at Police Station New Ashok Nagar and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

JULY 25, 2016 rb