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Judgment
Amar Saran, J.—Heard learned Counsel for the applicant and learned AGA.
This application under section 482 Cr.P.C. has been filed for quashing the chargesheet in Case Crime No. 649 of 2007, under sections 323, 504, 506, 498A IPC and 3/4 D.P. Act, PS Kotwali, District Pilibhit, in which cognizance has been taken.
The allegations in the FIR lodged on 14.1.2007 were that Km. Geeta, aged 15, had been abducted by the applicant and the coaccused, Ujendra @ Mala, son of Bishambhar Singh, on 25.9.2006 when she had gone to throw cow dung in the fields. The applicant is said to have threatened the complainant, father of the complainant, that as he was a Government servant, he could not do anything against him. However, an application under section 156(3) Cr.P.C. has been filed and thereafter the FIR was lodged in which chargesheet has been submitted.
It is submitted that in the statements under sections 161 and 164 Cr.P.C. the girl has described her age as 21 years and she voluntarily went away with the coaccused and married him and that she is not named in the application. It is also submitted that there is a stay order of the High Court passed in Crl. Misc. Application No. 1059 of 2007 dated 17.1.2007 that until submission of the chargesheet the accused may not be arrested.
Learned AGA has pointed out that as per the supplementary medical report, the age of the girl is below 15 years
Since the material age of the girl in a crime of abduction is 18 years, I do not think that the consent of the girl in the case may be a good ground for quashing the criminal proceedings.
In the result, there is no force in this application, which is rejected.