Banty & Anr vs State
2012 Latest Caselaw 1554 Del

$~35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+               CRL.M.C. No.814/2012

%               Judgment delivered on: March 05, 2012

BANTY & ANR                                                       ..... Petitioner
                         Through :   Mr. Shivaji Shukla and Mr. Manish
                                     Sharma, Advocates
                versus
STATE                                                       ..... Respondent
                         Through :   Mr. Navin Sharma, APP
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)

Crl.M.A. No.2866/2012 Exemption allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. No.814/2012

1. Notice issued.

2. Learned APP accepts notice on behalf of the State.

3. With the consent of the parties, the instant petition is taken up for disposal.

4. Learned counsel for the petitioner No.2 Smt. Asha w/o Rajender Prasad, submits that on the complaint of complainant, FIR No.416/2011 dated 19.12.2011 under Section 363 Indian Penal Code,

1860 was registered at PS Okhla Industrial Area against petitioner No.1.

5. It is further submitted that on 13.2.2011, petitioner No.2 has been informed that petitioner No.1 has married with her daughter namely Pushpa on 01.02.2012 at Arya Samaj Mandir, U. Begum Bagh, Aligarh.

6. It is further submitted that both are major, and therefore, she has no objection as her daughter has married with petitioner No.1 with her free will. Therefore, the FIR mentioned above, in the circumstances, may be quashed.

7. Learned APP on the other hand submits that though vide FIR mentioned above, on the complaint of respondent No.2, a case has been registered against the petitioner No.1 because she disclosed the age of the prosecutrix as 14 years at that time.

8. Since the petitioner No.2 has produced the age of her daughter by getting bone age X-ray and found her daughter major, therefore, she has no objection, if the FIR of this case be quashed.

9. In the circumstances, the petitioner No.1 and daughter of petitioner No.2 have re-married with each other and living as husband and wife happily.

10. Keeping in view the facts and circumstances, and the statement of the petitioners as the instant petition has been filed jointly, in the

interest of justice, the instant petition is allowed and accordingly FIR No.416 dated 19.12.2011 registered with PS Okhla Industrial Area is hereby quashed.

11. The petition is allowed.

12. Order dasti.

Crl. M.A. No. 2865/2012 (stay)

Since the main petition has been disposed of, the instant application has become infructuous.

Dismissed as infructuous.

SURESH KAIT, J MARCH 05, 2012 'raj'