Court No. - 52 Case :- APPLICATION U/S 482 No. - 10288 of 2008 Petitioner :- Dharam Pal & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- C.P. Singh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Present application under section 482 Cr.P.C. has been filed for
quashing of the Criminal proceedings of Case No. 9974 of 2004,
under Section 363, 366 and 504 I.P.C. Case Crime No. 108 of
2004, P.S. Sector-24, Noida, District Gautam Budh Nagar pending
in the Court of A.C.J.M. I, Gautam Budh Nagar.
No one is appeared on behalf of O.P .No.2-complainant in spite of
service of notice. Even counter affidavit has not been filed on his
behalf, hence the averments made in the present application has
not been controverted.
Heard learned counsel for the applicant, learned A.G.A. and
perused the record.
Learned counsel for the applicant contended that in fact
prosecutrix herself went along with applicant No.1 and solemnized
marriage. There are two female children from the wedlock of the
applicant No.1 and Smt. Rekha daughter of O.P.No.2. On the basis
of false information First Information Report was lodged and
Charge-sheet was submitted then Criminal Misc. Application No.
4858 of 2007 was filed challenging the Criminal Proceeding of
Criminal Case No. 9974 of 2004, under Section 363, 366 and 504
I.P.C. The aforesaid application was finally disposed of on
19.3.2008 with the observation for appearance of prosecutrix
before Court for recording her statement. Thereafter she appeared
before the Court concerned and her statement was recorded under
Section 164 Cr.P.C. on 05.4.2008. According to statement of Smt.
Rakhi, she was aged about 23 years and on her own sweet will
solemnized marriage with applicant No.1 and there were two
daughters from their wedlock.
Considering the aforesaid fact specially in view of statement of
prosecutrix (Smt. Rekha daughter of O.P.No.2), in the present
case, she is major and on her own sweet will she married with
applicant No.1, hence no offence is made out. Accordingly the
proceeding of Case No. 9974 of 2004, under Section 363, 366 and
504 I.P.C., Case Crime No. 108 of 2004, P.S. Sector-24, Noida,
District Gautam Budh Nagar pending in the Court of A.C.J.M. I,
Gautam Budh Nagar, is hereby quashed. Interim order dated
18.3.2009 is hereby vacated.
Accordingly, petition under section 482 Cr.P.C. is hereby allowed.
No order as to cost.
Order Date :- 8.7.2010
S.A.A.Rizvi