SONU @ SUNIL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C."), seeking quashing of FIR No.0768/2015 registered at Police Station: Vivek Vihar, East Delhi, for offence under Sec. 363 of the Indian Penal Code, 1860 (in short, "IPC"). Later, in the charge- sheet, Sec. 376 of the IPC, Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, "POCSO"), and Sec. 3 of the Child Marriage Restraint Act, 1929 (in short, "Child Marriage Act") were also added.

(2.) The facts in brief that gave rise to the present petition are that on 15/8/2015, the respondent no.2/complainant, who is the father of the respondent no.3, filed a complaint at Police Station: Vivek Vihar alleging that the petitioner/accused, aged around 20 years old, had kidnapped his daughter, aged around 16 years. On the said complaint, the above mentioned FIR came to be registered.

(3.) Subsequently, on 21/8/2015, the parties, that is, the petitioner and the respondent no.3, got married. The marriage certificate shows the age of the respondent no.3 to be 19 years, and that of the petitioner to be 21 years.