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Delhi High Court · 29 Jul 2011 · 2011:DHC:10723
Ajit Bharihoke
Crl.M.C. No.1754/2009
2011:DHC:10723
criminal petition_allowed

AI Summary

The High Court quashed an FIR under Section 363 IPC where the alleged minor victim voluntarily left her house without inducement, holding that the essential ingredients of kidnapping were not made out.

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#28
% 29.07.2011
Present: Petitioners In person with Mr.Bahar U.Barql, Advocate.
Inspector K.S.Rawat(I.O.), P.S. Seenria Puri. With Ms. Fizani
Husain, APP for the respondent/State.
+Crl.M.C. No.1754/2009
JUDGMENT

1. Both the petitioners are identified by the Investigating Officer Inspector K.S.Rawat, P.S. Seenna Puri. ' 2. This is a petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.157/2009 under Section 363 IPC registered at P.S. Seema Puri.

3. It is stated that the case is still under investigation. Allegations in the FIR are that petitioner No.l had kidnapped petitioner No.2 from the guardianship of respondent No.2 on 5'" May, 2009 and at the relevant time, petitioner No.2 was minor being aged less than 18 years. Statement of the petitioner No.2 under Section 164 Cr.P.C. was recorded by learned M.M. on 1"' April, 2011 wherein she has stated that she was in love with petitioner No.l and she wanted to marry him. In this regard, she talked with her father (respondent No.2) who was against their marriage and gave beatings to her. She further stated that in the first week of May, 2009, she again tried to persuade her father but in vain. Ultimately on 5'^ May, 2009, she left her house of her own and went to the shop of petitioner No.l and, thereafter, both of them got married. 2011:DHC:10723

4. From the aforesaid statement, it is obvious that petitioner No.2 who was more than 17 years old and had attained the age of discretion, had left the house of her own without any inducement or lure from petitioner No.2. Therefore, in my considered view, the requisite ingredient of kidnapping, as defined under Section 363 IPG is not made out.

5. Therefore, there is no purpose in keeping the FIR alive. Accordingly, FIR No,157/2009 under Section 363 IPG at P.S. Seema Puri and the consequent proceedings are quashed. f

6. Petition is disposed of. JULY 29, 2011 ks

(AJIT BHARIHOKE) JUDGE