Ram Sewak vs State
2011 Latest Caselaw 5942 Del

Citation : 2011 Latest Caselaw 5942 Del
Judgement Date : 5 December, 2011

Delhi High Court

Ram Sewak vs State on 5 December, 2011

Author: Suresh Kait

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 3794/2011

%              Judgment delivered on:5th December, 2011


RAM SEWAK                                        ..... Petitioner
                             Through : Mr. Gulab Singh, Adv.
                             Petitioner and his wife Sushma.

                    versus


STATE                                           ..... Respondent
                             Through : Mr.Navin Sharma, APP for State with
                             Complainant Om Prakash Yadav.
                             SI Raghubir Singh.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Ld. Counsel for the petitioner submits that vide FIR No. 60 dated 19.02.2003, case under Section 363 IPC was registered against the petitioner at Police Station -Nazafgarh on the complaint of Sh. Omprakash Yadav.

2. Vide the instant petition the petitioner has prayed to quash the FIR due to the reasons that the marriage between the petitioner and the daughter of complainant took place on 15.05.2010 at Arya Samaj Mandir. Proof the same is on record. The certificate in this regard was issued vide no. U.P. 1266/13/1962 by the Purohit of the said Mandir.

3. Ld. Counsel for the petitioner submits that prior to the aforesaid

marriage, the marriage took place before the Marriage Officer at Hardoi (UP) on 02.06.2004. The marriage certificate annexed on record is Annexure P-4.

4. Ld. Counsel for the petitioner submits that marriage took place with consent and both were major at the time of marriage and the daughter of the complainant namely Sushma has never been abducted.

5. The complainant is personally present in the court and submits that he does not dispute the marriage and keeping the welfare of the family of the children, he wishes to withdraw the same.

6. The marriage took place way back in 2004. Since then, they have been staying as husband and wife. Father of Sushma has no objection to the marriage.

7. In the interest of justice, I quash the FIR no. 60 dated 19.02.2003 registered at PS-Nazafgarh with emanating proceedings thereto.

8. Crl. M.C. 3794/2011 is allowed on the above terms.

9. Dasti.

SURESH KAIT,J

DECEMBER 05, 2011 jg