Court No. - 5 Case :- APPLICATION U/S 482 No. - 19718 of 2010 Petitioner :- Zubair And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Prateek Sinha Respondent Counsel :- Govt. Adovcate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for State
respondent.
The present application has been filed for quashing of the proceedings of
Criminal Case No. 2702 of 2009, under Sections 363, 366, 504, 506 and 120
I.P.C., Police Station – Harbansh Mohal, District – Kanpur Nagar, pending
before learned Metropolitan Magistrate Xth, Kanpur Nagar and also for
quashing of charge sheet dated 05.09.2008 and supplementary charge sheet
dated 31.01.2009 filed in the aforesaid case.
Learned counsel for the applicants has drawn my attention to the Annexure
No. 6, which is statement of the victim under Section 164 Cr.P.C., in which
she has stated that she had herself married with applicant no. 1 and is his
legally wedded wife. According to the medical report of the victim, she is
major and is 22 years of age. Therefore, no offence under the charged section
is made out against the applicants.
Issue notice to opposite party no. 2 returnable within four weeks. Steps be
taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time to file counter
affidavit. The opposite party no. 2 may also file counter affidavit within the
said period. As prayed by the learned counsel for the applicant two weeks
thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive steps shall be taken against the
applicants in the aforesaid case.
Order Date :- 15.6.2010
Sunil Kr. Gupta