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2023 Supreme(Del) 2995

SUDHIR KUMAR JAIN
Sunil Kumar Alias Golu – Appellant
Versus
State Through Sho – Respondent


Advocates appeared:
Mr. Yoginder Singh Choudhary and Mr. Shivam Choudhary, Advocates with the Petitioner in Person.
Ms. Manjeet Arya, APP, for the State.
Complainant in person.

JUDGMENT (Oral)

1. The present petition is filed under section 482 Cr.P.C for quashing of FIR bearing no. 1208/2014 dated 29.12.2014 under section 363 IPC at P.S. Punjabi Bagh.

2. Issue notice.

3. Ms. Manjeet Arya, Additional Public Prosecutor accepts notice on behalf of the respondent no.1/State and the respondent no.2, victim is present in the court along with her mother who was the complainant in the present FIR and accepts notice.

4. The FIR bearing no. 1208/2014 dated 29.12.2014 was got registered under section 363 IPC at P.S. Punjabi Bagh on the complaint of mother of the respondent no.2 wherein the complainant suspected that the petitioner had kidnapped her daughter i.e. the respondent no. 2 and thereafter on the basis of the material collected during the investigation, the charge sheet was filed under sections 376 IPC & section 4 of Protection of Children from Sexual Offences Act, 2012 (POCSO). The trial is stated to be pending in the Court of Ms. Harleen Singh, ADJ-01, West, Tis Hazari Courts, Delhi.

5. The counsel for the petitioner stated that the petitioner and the respondent no.2 got married on 01.01.2015 and have already been blessed with one child. The petitione

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