This Criminal Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 18.3.2007 and all other and further proceeding of case crime no. 28 of 2006, (State Vs. Mahesh), under Sections 363, 366 IPC, P.S. Flawda, District-Meerut.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that Moni @ Monika herself went alongwith applicant, solemnised marriage and living alongwith applicant. However, the charge-sheet has been submitted. Hence the charge-sheet and entire proceeding is liable to be quashed, since no offence is made out.
Learned A.G.A. opposed the prayer on the ground that since the victim was not produced either before the investigating officer or before the court, hence her statement could not be recorded. It cannot be said whether the aforesaid contention is correct or not.
In view of the fact and circumstances if she herself on her own sweet-will married with the applicant then no offence is made out. However, since she was not produced before the court. Hence at this stage I am not inclined to interfere in the proceeding. However, in view of the fact if the applicant produce the victim before the court concerned and file discharge application within a period of 30 days from today, the same shall be considered at appropriate stage in accordance with law. Till disposal of the application, no coercive action will be taken against the applicant. With the aforesaid observation this application is finally disposed off.
Order Date :- 11.1.2010 ANT