Court No. - 52 Case :- APPLICATION U/S 482 No. - 17190 of 2008 Petitioner :- Babloo Respondent :- State Of U.P. & Another Petitioner Counsel :- Aditya Prasad Mishra,Satish Chand Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
List revised. No one is present except learned A.G.A.
Present application under Section 482 Cr.P.C. has been filed for
quashing of the criminal proceeding of Criminal Case No. 108 of
2003 under Sections 363, 366 I.P.C., P.S. Mawana, District
Meerut, arising out of Charge-sheet No. 206 of 2003 dated
24.8.2002.
In support of the application affidavit was filed by Smt. Sonu
prosecutrix in the present case who is daughter of O.P.No.2.
According to prosecution case, she was enticed away by accused-
applicant Babloo on 15.4.2002. According to the affidavit Smt.
Sonu, daughter of O.P.No.2 was major and as per medical report
also she was major. She solemnised marriage with applicant Bablu
on 04.9.2002 and since then they were living as legally wedded
husband and wife. From their wedlock there were two children one
male and another female child. Hence prima-facie no offence is
made out. On the basis of false allegation, first Information Report
was lodged by O.P.No.2, mother of Smt. Sonu (wife of the
applicant). The Investigating Officer without collecting evidence
of the independent witnesses submitted charge-sheet, so
investigation by Investigating Officer was not independent.
No counter affidavit has been filed to controvert the aforesaid
version. Since Smt. Sonu daughter of O.P.No.2 herself on her
sweet will solemnized marriage with applicant Babloo and from
their wedlock there are two children, hence no offence is made out.
In view of the facts and circumstances of the case proceeding of
Criminal Case No. 108 of 2003 under Sections 363, 366 I.P.C.,
P.S. Mawana, District Meerut is hereby quashed. The interim order
dated 10.7.2008 is hereby discharged.
Accordingly, the application under Section 482 Cr.P.C. is allowed.
No order as to cost.
Office to communicate this order to Court concerned.
Order Date :- 12.7.2010
S.A.A.Rizvi