Counter affidavit and the copy case diary filed by the learned A.G.A. in pursuance of the order dated 26.3.2010 is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for opposite parties no.1 to 5 and perused the reocrd.
Notice to opposite party no.6 is dispensed with.
This Application under section 482 Cr.P.C. has been filed for quashing the charge sheet filed by the police in Case Crime No.1998/09 under sections 363, 366, 376 IPC, P.S. Hasanganj, District Unnao against the applicant.
The submission of the learned counsel for the applicant is that according to the averments of the F.I.R., the daughter of the complainant had gone from her house and during her search it was revealed that she was enticed away by the applicant with the help of his family members. The report was registered against the applicant and his family members on 5.12.2009 under sections 363, 366, 386, 504, 506 I.P.C. The girl was recovered on 14.12.2009 and was medically examined at the Female Hospital at Unnao on 15.12.2009 and was found to be above 19 years of age. Her statement under section 164 Cr.P.C. was also recorded by the Magistrate. The police, after completing the investigation, submitted charge sheet against the applicant and his family members under sections 363, 366, 376 I.P.C.
It has been contended that the daughter of the complainant has stated in her statement before the Magistrate that she was aged about 24 years and wanted to marry with the applicant to which her father was not agreeable and on he wanted to marry her with some one else, therefore she ran away with the applicant and with married with him and in the light of these statements no offence is made out even prima facie against the applicant. From the perusal of the case dairy and the medical examination report of the girl it appears that she was above 19 years of age on the date of alleged incident and was major. She appears to have gone with the applicant on her own. There is nothing in her statement recorded under section 164 Cr.P.C. that she was subjected for rape by the applicant.
In view of the evidence available on record, there is no primafacie evidence of commission of offence of sections 363, 366, 376 I.P.C. The charge sheet filed by the police and the proceedings of the case initiated on the basis of the said charge sheet are, therefore liable to be quashed in exercise of the inherent powers of this Court under section 482 Cr.P.C. and are accordingly quashed.
Application is accordingly allowed.
Let applicant be released forthwith, if in jail.
Order Date :- 2.4.2010 Muk