JUDGMENT (Oral)

1. The present petition is filed under section 482 Cr.P.C for quashing of FIR bearing no.0563/2018 dated 08.10.2018 registered under section 363 IPC at PS Punjabi Bagh at the instance of the respondent no. 2.

2. Issue notice.

3. Ms. Manjeet Arya, Additional Public Prosecutor accepts notice on behalf of the respondent no.1/State and the respondents no.2& 3 are present in the court along with counsel and accepts notice.

4. The FIR was got registered on the basis of complaint made by the respondent no. 2 wherein he suspected that some unknown person has kidnapped his daughter i.e. respondent no. 3 after taking out from his Guardianship. During the investigation the petitioner was arrested and Final Report as per section 173 Cr.P.C/charge sheet was filed for the offence under sections 363/376 IPC and under section 6 of the Protection of Children from Sexual Offences, Act 2012(POCSO) wherein the petitioner was implicated. After conclusion of investigation, the chargesheet has already been filed and the trial is stated to be pending in the Court of Ms. Harleen Singh, ASJ, Tis Hazari Courts, West, Special Court (POCSO).

5. The statement of the respondent no. 3 was rec