Mr. Sunil Kumar, Adv. v. STATE THORUGH S.H.O. KARAWAL NAGAR & ORS.

Delhi High Court · 02 Sep 2011 · 2011:DHC:9803
HON'BLE MR. JUSTICE SURESH KAIT; 02.09.2011
2011:DHC:9803
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 363 IPC against a husband, holding that no kidnapping offence was made out as both parties were major and lawfully married.

Full Text
Translation output
$-21 HIGH COURT OF DELHI
CRL.M.C. 1878/2011 & Crl.M.A.No.6731/2011(stay)
SMT. PREETI SHARMA & ORS. Petitioner
Through : Mr. Sunil Kumar, Adv.
VERSUS
STATE THORUGH S.H.O.
KARAWAL NAGAR & ORS. Respondent
Through : Ms.Ritu Gauba, APR for State.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
02.09.2011
ORDER

1. On the last date of hearing i.e. 12.07.2011, following order was passed:- "1. On 18.05.2011 FIR No.150/2011 was registered under Section 363 IPC against Petitioner No.2 Sh.Ravinder Sharma at Police Station Karawal Nagar, Delhi.

2. Vide order dated 31.05.2011 the stay was granted on the arrest of the Petitioner No.2.

3. Counsel for Petitioners submits that they were married to each other on 09.02.2011 at Arya Samaj Vedic Marriage Mandal, Jamuna Bazar, Delhi-

110006. Petitioner No.1 Ms.Preeti has underwent CRL.M.C.1878/2011 2011:DHC:9803 ossification test/ bone age X-Ray and as per report dated 19.01.2011, the age of the Petitioner No.l is reported as twenty years and above. As per the medicai jurisprudence, this age is two years pius/nninus, therefore, in any way, the age of the Petitioner No.l, as per bone age test/X-Ray report is eighteen years.

4. By this petition, the Petitioners have prayed that Respondent No.l be directed to grant protection from Respondent No.2 Shri Virpai Sharma, r/o H. No.112, Gaii No.2, l^ukand Vihar, Delhi and further prayed for quashing of FIR No.150/2011 under Section 363 IPG, Police Station Karawai Nagar, Delhi and proceedings arising from the said FIR.

5. Both the Petitioners are present in the Gourt. Petitioner No.l Ms.Preeti, states that the Petitioner No.2 never kidnapped her, therefore, the case against his is false.

6. The SHO Police Station Karawai Nagar as well as SHO, Police Station Burari, Delhi are directed to protect the life and liberty of the Petitioners. If they received any threat from any source and especially from Respondent No.2/Shri Virpai Sharma, who is father of the Petitioner No.l, the action shall be taken as per law.

2. As mentioned above, botli the petitioners had married with each other, on 09.02.2011. Both are major. As per the statement of petitioner No.l, l^s.Preeti, she never been abducted by the petitioner No.2.

3. In the present circumstances, no offence is made out under Section 363 Indian Penal Code, 1860. Accordingly, FIR No.150/2011 registered at police station Karawal Nagar under Section 363 IRC against Petitioner No.2; and the proceedings emanating therefrom, are hereby quashed.

4. Accordingly, Criminal M.C.No.1878/2011 is allowed.

5. In view of above, Criminal M.A.No.6731/2011 rendered infructous and accordingly stands dismissed as such.

6. Dasti.

SURESH KAIT, J SEPTEMBER 02, 2011 Mi,