- (1.) D. C. Srivastava, J. Heard learned Counsel for the petitioner and learned A. G. A. The petition can be finally disposed of at this stage.
(2.) THE prayer in this petition u/s. 482, Cr. P. C. is for quashing the entire proceed ings in Criminal Case No. 539 of 1996 u/ss. 363, 366, 368 and 406 IPC pending in the court of CJM, Hathras, District Aligarh. There is no specific prayer in the petition for quashing the chargesheets. Two chargesheets were submitted on two dif ferent dates, one against two accused Babloo and Anil and the other against the petitioner whose name is Nirmalla Devi alias Urmila. Fir (Annexure-4 to the petition) has been examined. In this Fir Babloo and Anil are named as accused and prima facie commission of offence against them is dis closed in the Fir.
(3.) IT has been contended by the learned Counsel for the petitioner that this FIR is mala fide and it discloses commission of no offence. Several documents have been filed to show that the prosecutrix was major on the date of occurrence and that she went in the company of two named offenders her own free will and in view of this consent, no offence under Section 366 IPC is made out because evidently the prosecutrix was major. It was rightly objected by the learned AGA that the defence cannot be seen in proceedings under Section 482 Cr. P. C.;