1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. This petition under Section 482 Cr.P.C. has been instituted on behalf of the petitioners to quash charge-sheet dated 04.01.2019, under Sections 354-Kha/506 I.P.C. against the petitioner no.1 and under Sections 354-Ka/506 I.P.C. against petitioner no.2 and 3, submitted by the police of Police Station Thakurganj, Lucknow and the order of cognizance and summoning dated 01.4.2019 passed by Special Additional Chief Judicial Magistrate (CBI/AP), District Lucknow and the entire proceedings of Case No. 17305 of 2019: State Vs. Suneel Babu Kapoor and others, pending the Court of Special Additional Chief Judicial Magistrate (CBI/AP), District Lucknow.
3. It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this crime under influence of Puneet Bedi, who enticed their daughter/complainant and solemnized marriage with her. He is member of gang of miscreants, who prepared forged educational certificates, mark-sheet etc. F.I.R. No. 338 under Sections 419, 420, 467, 468 and 471 I.P.C. was registered at Police Station Kaiserbagh, Lucknow against Puneet Bedi on the basis of complainant/petitioner no.2 Sunil Kumar Babu. The marriage of Puneet Bedi with daughter of the petitioners no. 1 and 2 has been cancelled by the Marriage Officer vide order dated 02.04.2019 observing that false affidavit, forged mark-sheet and forged certificate of Gazetted Officer was produced before him.
4. Learned counsel for the petitioners has further pointed out that this fact is mentioned in F.I.R. itself that one learned counsel is having close relations with petitioner no.2 and he is assisting the petitioners to falsely implicate in cases to family of Puneet Bedi, therefore, present F.I.R. has been lodged by the complainant under influence of Puneet Bedi only to extend benefit to him in the case registered against him. The F.I.R. has been lodged in counter blast of the proceedings initiated by the petitioner no.2 against Puneet Bedi, therefore, charge-sheet dated 04.01.2019 submitted in Case No. 17305 of 2019 :State Vs. Suneel Babu Kapoor be quashed.
5. Learned A.G.A. has opposed this petition by submitting that the Investigating Officer has conducted full-fledged investigation against the petitioners and submitted charge-sheet before the trial Court. The facts argued by learned counsel for the petitioners regarding the crime registered against Puneet Bedi are based on defence version of the petitioners, which cannot be evaluated during proceedings under Section 482 Cr.P.C.. Moreover, on the other hand, as per prosecution version the petitioners are family members of the complainant/victim, whose date of birth is 18.07.1999 and she is major. She has levelled serious allegations against her parents and brother/petitioners. Therefore, charge-sheet cannot be quashed in the aforesaid circumstances.
6. As per prosecution version the petitioner nos. 1 and 2 are parents of the complainant and petitioner no.3 is her brother. The complainant from her childhood was molested by different persons called by the petitioners. The petitioner no.2 asked the complainant to make her a Model. Photo sessions were carried out in her parental house in shorts clothes. Various boys were called by the petitioners, who molested her in presence of the parents and photos were clicked. The petitioners also left the complainant in their house along with other persons alone. The complainant met Puneet Bedi and solemnized love marriage with him and resided at his house. The petitioners tried to abduct her from her matrimonial home, but they could not be successful, because residents of the locality raised objection.
7. In these circumstances, the charge-sheet has been submitted against the petitioners on the basis of evidence of the complainant provided to the Investigating Officer. The overt act of the petitioners has been disclosed by the complainant in F.I.R. itself. The charge-sheet has been submitted after full-fledged investigation. There is no ground to quash the charge-sheet.
8. The petition lacks merit and liable to be dismissed.
9. Accordingly, dismissed.
Order Date :- 29.08.2019 Arvind