- (1.) R. C. Deepak, J. The present Criminal Misc. Application under Section 482 Cr. P. C. has been filed by the applicants Jamshed S/o Ali Asgar and Smt. Gulshan Jahan d/o Sri Umardeen w/o Jamshed r/o Mawi Khurd, Police Station Balaini, District Baghpat with a prayer that the charge-sheet dated 31-12-1999 (Annexure-5) and the entire proceedings arising from the First Information Report in the case Crime No. 128 of 1999 under Sections 363, 366 IPC, Police Station Balaini, District Baghpat may be quashed.
(2.) THE abovenamed applicants have filed a copy of Nikahnama dated 19-9-1999, copy of First Information Report dated 20-9-1999, copy of certificate regarding the age of the applicant No. 2 issued by Dr. Punit Kumar, copy of order dated 5-10-1999 passed by this Hon'ble Court in Criminal Writ Petition No. 6080 of 1999, copy of the charge-sheet dated 31-12-1999, statement of Gulshan Jahan under Section 200 Cr. P. C. , copy of the order dated 27-4-2000 of this Court, copy of the medical report of Chief Medical Officer, Baghpat regarding the age of Gulshan Jahan and a copy of order dated 31-7-1999 passed by Judicial Magistrate, Baghpat marked as Annexures 1 to 9 respectively. A perusal of the First Information Report (Annexure-2) shows that on 20-9-1999 the Opposite Party No. 2 herein Umardeen lodged a written report with the Police Station Balaini, District Baghpat to the effect that on 19-9-1999 he had gone to Khekhara returned back on 20-9-1999 and found that his minor daughter Gulshan Jahan aged about 14 years was missing from his house. Whereupon an inquiry regarding her disappearance was made. During the course of the inquiry Ram Naresh and Rohtas residents of his (Umardeen) own village told him that they had seen his daughter Gulshan Jahan she was going on a motor cycle with Jamshed (Applicant No. 1 ). He has further mentioned therein that under persuasion Jamshed has kidnapped his daughter. The Investigating Officer investigated into the matter and submitted its report dated 31-12-1999 under Section 173 Cr. PC. as referred to above.
(3.) THE opposite Party No. 2 filed counter-affidavit and rejoinder affidavit as well supplementary rejoinder affidavit have been filed by the applications, are on record. I have heard Sri Manoj Mishra, Sri N. I. Jafri, learned Counsel for the applicants, Sri Rajiv Sharma, Sri R. R. Pandey, learned Counsel for the Opp. Party No. 2, learned Additional Government Advocate for the State and perused the entire record.;