High CourtsSingle Bench(2017) 10 DEL CK 0388

Rohit Kumar @ Sonu vs State (Govt. Of Nct Of Delhi ) & Anr

Delhi High Court · Decided on 12 October 2017

HON’BLE JUDGES
Vinod Goel, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 2324 Of 2017

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Judgment

20 paragraphs · 371 words

Vinod Goel, J

1.

Notice. Learned ASC, who appears on an advance copy having been served, accepts notice.

2.

Notice to respondent no. 2 also. She appears in person and accepts notice. She is duly identified by IO SI Jasmer Singh.

3.

The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of

Criminal Procedure, 1973 (in short ‘Cr.P.C.’) for quashing of the FIR bearing No. 250/2017, registered against him on 07.06.2017 with Police

Station Jahangirpuri, Distt. North-West, Delhi under Section 363 IPC on the complaint of respondent No.2 regarding her missing daughter, who is

stated to have left the house at 11 PM on that day.

4.

Learned counsel for the petitioner submits that the petitioner has performed marriage with the missing daughter of respondent No.2 as both have

attained the age of majority. The marriage was performed at Arya Samaj Mandir, Harit Vihar, Delhi on 07.06.2017. The said missing daughter of the

complainant namely Ms. Aanchal Mittal is present in the Court along with the petitioner. The petitioner has placed on record the affidavit of the

daughter of the complainant namely Ms. Aanchal Mittal, wherein she had testified that she had voluntarily performed the marriage with the petitioner

on 07.06.2017. As per the copy of the Aadhar Card placed on record, the date of birth of Ms. Aanchal Mittal is 04.01.1998. The respondent No.2 has

already filed her affidavit. She submits that she has no objection with regard to the marriage of the petitioner with her daughter namely Ms.Anchal

Mittal. She submits that she does not want to pursue the said FIR. She submits that the said FIR may be quashed.

5.

Learned ASC through the IO submits that the charge sheet has so far not been filed.

6.

In the facts and circumstances of the case, no fruitful purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice,

the FIR bearing No. 250/2017, registered on 07.06.2017 with Police Station Jahangir Puri, North-West, Delhi under Section 363 IPC and proceedings

arising out of the said FIR are hereby quashed.

7.

The petition is disposed of accordingly.

8.

DASTI.