Sagar vs State & Ors.
2018 Latest Caselaw 4091 Del

$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 18.07.2018

+      CRL.M.C. 3510/2018
       SAGAR                                           ..... Petitioner

                           versus

       STATE & ORS.                                    ..... Respondents

Advocates who appeared in this case:
For the Petitioner :       Mr. Dhruv Kumra with Mr. Pawan, Advocates.

For the Respondents:       Mr. Panna Lal Sharma, APP for the State.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                              JUDGMENT

18.07.2018

SANJEEV SACHDEVA, J. (ORAL) CM Appl.12762/2018 (exemption) Exemption is allowed subject to all just exceptions.

CRL.M.C. 3510/2018

1. The petitioner seeks quashing of FIR No.126/2018 under Section 363 IPC, Police Station Kotla Mubarakpur.

2. Allegation in the FIR is that the daughter of the complainant aged 16 years had gone missing. It was suspected that the petitioner had lured her.

3. The statement of the victim girl was recorded under Section 164 Cr.P.C. in which she stated that she knew the petitioner for 3-4 years and she had gone with him on her own volition. She states that she did not take the permission of her parents as she knew that they would not allow her. She has stated that that no physical relation was made and the petitioner has not misbehaved with her. She stated that she had gone with her own will and wish.

4. Parties have settled their disputes and settlement agreement dated 10.07.2018 has been executed. The complainant and her daughter are present in court in person. They submit that they have settled their disputes with the petitioner and they do not wish to press the complaint any further.

5. Keeping in view that the petitioner is aged 21 years and that the victim in her statement under Section 164 Cr.P.C. has stated that she had gone of her own volition and no physical relation has been made with her and the petitioner has not misbehaved with her, I am of the view that extraordinary power under Section 482 Cr.P.C. be exercised in this case and the subject FIR be quashed.

6. In view of the above, the petition is allowed. FIR No.126/2018 under Sections 363 IPC, Police Station Kotla Mubarakpur and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signature of the Court Master.

JULY 18, 2018/ns                            SANJEEV SACHDEVA, J