KRISHAN CHANDER DASS Vs. STATE & ORS

JUDGEMENT

(1.) By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks directions thereby quashing of FIR No.717/2006 registered at Police Station Kalkaji, New Delhi, for the offence punishable under Section 363 of the IPC and the consequential proceedings emanating therefrom against him.

(2.) Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No.2 that petitioner had kidnapped her daughter, respondent no.3 herein who was about 13 years of age. Thereafter, she came to know that both got married and started living together as husband and wife since 10.07.2006 and one male child was born from the said wedlock. Thus, she does not want to pursue the case further against the petitioner.

(3.) Learned counsel for the petitioner further submits that though respondent no.3 was less than 18 years of age at the time of the incident, despite, the case should not have been lodged by the Police against the petitioner in view of judgment passed by the Full Bench of this Court in case Courts On Its Own Motion (Lajja Devi) Vs. State 2012 VI AD, Delhi 465, whereby held as under: