Sanjay Kumar vs State NCT of Delhi - 2023 Supreme(Del) 4166

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4166

DINESH KUMAR SHARMA
Sanjay Kumar – Appellant
Versus
State NCT of Delhi – Respondent

Advocates appeared:
Mr.Ankit Rana, Advocate, for the Petitioners.
Mr. Hemant Mehla, APP, for the State with Mr. Dipanshu Meena, Advocate.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed for quashing of FIR no.69/2022 dated 08.01.2022 registered under Section 363/366/376/506 IPC, Sections 6 of POCSO Act and Sections 9/10 PCMA at PS Neb Sarai.

2. Learned counsel for the petitioner submits that the charge sheet filed against the petitioner has no legs to stand. It has been stated that the petitioner and respondent no.3 married each other on 10.03.2022 and remained together for around nine months as husband and wife. Learned counsel for the petitioner submits that after the respondent no.3 left her house, her father lodged a FIR No.69/2022 on 08.01.2022 registered under Section 363 IPC at PS Neb Sarai. However, in October, 2022 the petitioner was arrested and the statement of respondent no.3 was recorded. Learned counsel for the petitioner submits that respondent no.3 made a statement under Section 164 Cr.P.C. that she had gone at her own free will with the petitioner and now also wants to go back. Learned counsel for the petitioner has further submitted that as per the complainant age of victim is 14 years. However, as per investigation her age has been stated to be 16 years. Learned counsel sub

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