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i $-55 HIGH COURT OF DELHI
CRL.M.C. 3047/2011
KAPIL & ANR Petitioner
Through Mr. Vikram Singh, Mr. Ayub Khan, Advs. with petitioners in person.
CRL.M.C. 3047/2011
KAPIL & ANR Petitioner
Through Mr. Vikram Singh, Mr. Ayub Khan, Advs. with petitioners in person.
VERSUS
STATE & ANR Respondent
Through Mr. Mulcesh Gupta, APP for State with Assistant Sub-Inspector Ombir
Singh, P.S. JamiaNagar.
R-2 in person.
Through Mr. Mulcesh Gupta, APP for State with Assistant Sub-Inspector Ombir
Singh, P.S. JamiaNagar.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
12.09.2011 Crl.M.A. 10756/2011 Exemption allowed subject to just exception.
12.09.2011 Crl.M.A. 10756/2011 Exemption allowed subject to just exception.
CRL.M.C. 3047/2011
Notice. Learned APP for the State accepts notice. Notice is accepted by Respondent No.2 who is present in Court and duly identified by the
Investigating Officer.
This is a petition for quashing of FIR No. 320/2011 under Section 365
IPC registered at PS Jamia Nagar, New Delhi.
Respondent No. 2 states that the Petitioner No.2 is a major, her date of birth being 14^' December, 1988. He had lodged this complaint on which
Notice. Learned APP for the State accepts notice. Notice is accepted by Respondent No.2 who is present in Court and duly identified by the
Investigating Officer.
This is a petition for quashing of FIR No. 320/2011 under Section 365
IPC registered at PS Jamia Nagar, New Delhi.
Respondent No. 2 states that the Petitioner No.2 is a major, her date of birth being 14^' December, 1988. He had lodged this complaint on which
CRL.M.C. 3047/2011
2011:DHC:12211 J' the FIR was registered at the time when he did not Imow about her whereabouts. Since the whereabouts of the Petitioner No.2 are now known and he knows that she has married Petitioner No.l of her own free will, he does not want to pursue the above mentioned FIR. Petitioner No.2 is present in Court. She states that she has married the Petitioner No.l . of her own free will and volition.
Since the Petitioner No.2 is admittedly a major and has married of her own free will and volition and has accompanied the Petitioner No.l, no offence under Section 365 IPC is made out. Further the Respondent No.2/ complainant of the case also in view of the fact that no offence is made out does not want to pursue the abovementioned FIR and proceedings pursuant thereto.
Consequently, FIR No. 320/2011 under Section 365 IPC registered at
PS Jamia Nagar, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
MUKTA GUPTA,J EPTEMBER 12, 2011/'ga'
2011:DHC:12211 J' the FIR was registered at the time when he did not Imow about her whereabouts. Since the whereabouts of the Petitioner No.2 are now known and he knows that she has married Petitioner No.l of her own free will, he does not want to pursue the above mentioned FIR. Petitioner No.2 is present in Court. She states that she has married the Petitioner No.l . of her own free will and volition.
Since the Petitioner No.2 is admittedly a major and has married of her own free will and volition and has accompanied the Petitioner No.l, no offence under Section 365 IPC is made out. Further the Respondent No.2/ complainant of the case also in view of the fact that no offence is made out does not want to pursue the abovementioned FIR and proceedings pursuant thereto.
Consequently, FIR No. 320/2011 under Section 365 IPC registered at
PS Jamia Nagar, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
MUKTA GUPTA,J EPTEMBER 12, 2011/'ga'
RL.M.C. 3047/2011 ^ of2
2011:DHC:12211
2011:DHC:12211
JUDGMENT