PREM KUMAR Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of Constitution of India read with Sec. 482 Cr.P.C. for quashing of FIR No. 274/2017 under Ss. 363/376 IPC and Sec. 6 POCSO Act registered at Police Station R.K Puram, Delhi and all other proceedings emanating therefrom.

(2.) In brief the facts of the case are that on 26/8/2017, the above said FIR got registered on the complaint of respondentno.2/complainant, who is the father of respondent no. 3/victim, against the petitioner wherein it is alleged that the petitioner enticed the daughter of the complainant and took off with her. On the basis of the said complaint the above mentioned FIR was registered under Sec. 363 IPC. During the course of investigation, the victim girl/respondent no.3 came to Police Station Giri and thereafter her statement under Sec. 161 Cr.P.C was recorded. It was stated by her that she left the house of her parents of her own free will because her parents objected to the relationship between her and the petitioner Prem Kumar and also threatened to kill her and the petitioner if she continued to be in contact with him. She further stated that during her time with the petitioner, they stayed at different guest houses and there was also physical relationship between them, with her consent and free will. It was also stated by her that during their time together they also got married, however there is no document, witness or photograph present to support the same. Further, the statement of the victim under Sec. 164 Cr.P.C was recorded wherein she reiterated the facts stated by her in the statement under Sec. 161 Cr.P.C. On further investigation, the age of the victim was verified to be about 16-17 years. On this, Ss. 376 IPC and 6 POCSO were added in the present case. Thereafter, the accused was arrested on 12/10/2017.

(3.) I have heard the learned counsel for the petitioner, learned APP for the state and have perused the records of the case.