This is an application u/s 482 Cr.P.C. for quashing the entire proceedings of Case No. 2425 of 2007 u/s 363, 366 I.P.C. (Case Crime No. 344 of 2007) pending in the court of II A.C.J.M., Ghaziabad.
Heard Mr. Kamal Singh Yadav, learned counsel for the applicants, learned AGA for the State and perused the record.
From the facts of the case it appears that the mother of the victim Vandana Dhupar lodged an FIR at the concerned police station on 8.7.2007 alleging therein that her daughter Vandana was kidnapped by the applicant Narendra Bakshi and others. This FIR was investigated upon by the police and the charge sheet was submitted. When the case came up before this court, the court vide order dated 11.2.2010 directed that the medical examination for ascertaining the age of the victim be done by the Board of doctors and the statement of the girl be recorded by the Magistrate u/s 164 Cr.P.C. In compliance of the order of this Court the girl was medically examined by the doctors and vide report dated 11.3.2010 it was informed by the C.M.O., Ghaziabad, that the age of the girl was about 21 years i.e. she was major on the date of the alleged occurrence. The statement of the girl was also recorded u/s 164 Cr.P.C. in which she clearly stated that she had solemnized marriage with the accused Narendra Bakshi. Thus, in view of the medical examination of the girl and her statement it is crystal clear that no offence was committed by the applicant Narendra Bakshi and the proceedings of the case against him and other applicants are liable to be quashed.
Accordingly, the application is allowed and the proceedings of Case No. 2425 of 2007 u/s 363, 366 I.P.C. (Case Crime No. 344 of 2007) pending in the court of II A.C.J.M., Ghaziabad, are quashed.
Order Date :- 10.5.2010 Pcl