S.S. Kulshrestha, J. - (1.) Heard learned Counsel for the applicants and learned AGA and perused the materials on record. This application under section 482 of the Code of Criminal Procedure (for short the Code) has been brought for quashing the proceedings of Case Crime No. 9160/9 of 2003 (Crime No. 725 of 2002) under sections 363, 366 and 120-B of the Indian Penal Code pending in the Court of C.J.M., Moradabad. It is said that Smt. Pankaj Devi, applicant No. 3 was about 20 years of age and she an her free will jointed Sri Mahesh Kumar, who is applicant No. 3 and married with him according to Hindu rites and rituals. From their union one child was also born. The report lodged by her father is said to be against the truth. Police after investigation has submitted charge sheet for the offence 363, 366 and 120-B of the Indian Penal Code against accused-applicants.
(2.) The victim woman (Smt. Pankaj Devi) has stated before this Court tha she had married with Mahesh Kumar according to her free will and from then wedlock one female child was also born.
(3.) In this regard it shall be useful to refer that when Pankaj Devi had already married with Sri Mahesh Kumar, no useful purpose would be served to prolong the proceedings. In this background the observations made by the Hon'ble Apex Court in the case of B.S. Joshi and others v. State of Haryana and another, 2003 (46) ACC 779 (SC) : 2003 (51) ALR 222 : 2003 (5) AIC 42 : JT 2003 (3) SC 277 Para 11 may be extracted here in under: "In Madhavrao Jiwajirao Sindia and others v. Sabhajirao Chandrajirao Angre and others, 1988 (25) ACC 163 (SC) it was held that while exercising inherent power of quashing under section 482, it is for the High Court to take into consideration any special feature which appear in particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. Here, in the opinion of the Court chances of an ultimate conviction is bleak and therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the Court may, while taking into consideration the special facts of the case, also quash the proceedings.";