- (1.) Heard learned counsel for the applicant and learned A.G.A.
(2.) The applicant by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 06.05.2013 passed by Additional Chief Judicial Magistrate, Kushi Nagar, in Case Crime No. 165 of 2012 under Sections 363 and 366 I.P.C. P.S. Kotwali Hata, District-Kushi Nagar, by which he has sent opposite party no. 3 namely Sandhya @ Aaisha Fatima to Nari Niketan, Gorakhpur.
(3.) Learned counsel for the applicant submitted that Sandhya @ Aaisha Fatima, opposite party no. 3 is the legally wedded wife of the applicant and as per her medical report, keeping in view the two years relaxation which can be given on either side, she is major.He further submitted that the opposite party no. 3 is living with the applicant as his wife and has also been blessed with a male child. He further submitted that since the opposite party no. 3 has married the applicant on her own will, against the wish of her father Hori @ Harbans Pratap, opposite party no. 2, as such he has implicated the applicant in Case Crime No. 165 of 2012 under section 363 and 366 I.P.C. which has been instituted against him on the basis of the First Information Report lodged by the opposite party no. 2 .;