RAVINDRA SINGH, J. - (1.) HEARD learned counsel for the applicant, learned A.G.A.and learned counsel for O.P. No. 4.
(2.) THIS application has been filed with a prayer to quash the charesheet dated 17.2.2009 in case crime No. 4840 of 2008 under sections 363, 366, 376 IPC? P.S. Kotwali Nagar, District Faizabad pending in the court of learned C.J.M. Faizabad in case No. 13423 of 2009. It is contended by learned counsel for the applicant that in the present case the applicant has performed the marriage with the prosecutrix, from their wedlock two children have been born. According to the medical examination report the age of prosecutrix was 22 years, according to the statement recorded under section 164 Cr.P.C. she was aged about 20 years and she has not supported the prosecution version in her statement recorded under section 164 Cr.P.C. in which she has clearly stated that she has performed physical relationship with her free will and consent and she has performed the marriage. In such circumstances, the chargesheet submitted against the applicant may be quashed.
(3.) IN reply of the above contention it is submitted by learned counsel for O.P No. 2 that he has not objection in quashing the proceedings of the above mentioned case but it is submitted by learned A.GA. that such plea may be taken by the applicant at the time of framing of the charge or by way of moving the discharge application.;