S.S. Kulshrestha, J. - (1.) Heard the learned Counsel for the applicants and also the learned A.G.A. and perused the materials on record.
(2.) This application under section 482 of the Code of Criminal Procedure (in short 'the Code') has been brought for quashing the proceedings of Criminal Case No. 2071 of 2002 (State v. Lokesh and others) pending before the learned Judicial Magistrate, Agra under sections 363 and 366, I.P.C., Police Station Khandauli, district Agra. It has been urged by the learned Counsel for the applicants that even if the allegations made in the report and also whatever the evidence so far collected by the police are accepted to be true on its face value, no offence under section 366, I.P.C. is made out against the accused-applicants. It has also been mentioned that on the identical facts and circumstances of the case, the proceedings initiated against the other co-accused namely Sri Rajesh and Sri Lokesh have been quashed under the order dated 13.10.2003 passed in Criminal Misc. Application No. 8514 of 2003 (Rajesh and others v. State of U.P. and another). On the same premises, this application has also been brought.
(3.) In order to appreciate the points raised in this case, it shall be useful to make a brief resume of the facts. One Smt. Sushila Devi, the mother of the prosecutrix lodged a report at the Police Station on 14th July, 2002 with regard to the incident alleged to have taken place on 3rd June, 2002 at 7.00 a.m. That report was lodged at Case Crime No. 255 of 2002 under sections 363 and 366, I.P.C. at Police Station Khandauli district Agra. In that report the allegations were made against Smt. Rajo Devi w/o Sri Sultan Singh, Sri Bani Singh S/o Sri Viro Singh, Jal Singh s/o Viro Singh (who are herein the applicants) and two others for making the abduction of her daughter in the course of the investigation, that too, on the basis of the direction given by this Court in Criminal Misc. Application No. 2676 of 2003 (Rajesh and others v. State of U.P. and others), the statement of Ms. Anita was recorded by the learned Magistrate under section 164 of the Code wherein she denied the allegations made in the report and made it clear that she had developed affinity with Sri Lokesh and by her free will she went with Sri Lokesh and they have married according to the Arya Samaj customs on 22nd July, 2002. It has also been mentioned by her that Smt. Rajo Devi, Sri Bani Singh and Sri Jal Singh had no concern with regard to her going with Sri Lokesh. Further it has also been mentioned by her that she is living with Sri Lokesh and she has every apprehension from her mother and brother. On the basis of the statement of the prosecutrix, who is the star witness, no offence is made out against the accused applicants. No useful purpose would be served for prolonging the proceedings against them, as the case is based on no evidence.;