954f543a64c7e45f9bc92a7dcb157feb87a052638807932f9b788ed4a2d7b448

Delhi High Court · 05 Oct 2011 · 2011:DHC:10371
Ajit Bhardwaj
2011:DHC:10371
criminal petition_dismissed

AI Summary

The court dismissed the petition seeking quashing of an FIR under Section 363 IPC involving a minor, holding that the real victims must be parties and an amicable settlement alone does not justify quashing.

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Present: Ms. Anisha Jain, Advocate for the petitioner.
Ms. Jasbir Kaur, APP for the respondent No.1/State.
Respondent No.2 in person with Mr. Anand Sharma, Advocate.
+Cri.M.A. No.11922/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+Cri.M.C. No.3353/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.352/2010 under Section 363 IPC P.S. Rajouri Garden on the complaint of respondent No.2. The ground for seeking quashing is that petitioner has arrived at an amicable settlement with respondent No.2.
On perusal of the FIR, it transpires that the FIR relates to kidnapping of a minor girl Samiksha, daughter of Bhavna and the petitioner. Neither the minor girl Samiksha nor Bhavna, who are the real victims of the offence, have been made party in this matter. Therefore, I do not find any merit in this petition.
Dismissed.
OCTOBER 05,2011 pst
(AJIT BHA~E;
JUDGE
2011:DHC:10371
JUDGMENT