- (1.) POONAM Srivastava, J. Heard Sri S. A. Gilani, learned Counsel for the applicants, Smt. Anupama Mehrotra, opposite party No. 2 in person and learned A. G. A. for the State.
(2.) COUNTER-affidavit and supplementary counter-affidavit filed by the opposite party No. 2 and rejoinder affidavit filed on behalf of the applicants are taken on record. The order dated 22. 10. 2007 passed by the Additional Sessions Judge, Court No. 13, Moradabad, in Session Trial No. 217 of 2006, under Sections 498-A, 109, 504, 506, 420, I. PC. PS. Majhola, District Moradabad, is sought to be quashed in the instant application. The applicant No. 1 is wife of Mohd. Yunus Jilani. The applicant Nos. 2 and 3 are mother and father. The applicant No. 4 is cousin of Mohd. Yunus Jilani. According to the prosecution version, the opposite party No, 2 and the accused Mohd. Yunus Jilani became acquainted on internet and finally it blossomed in a love affair and thereafter a proposal of marriage on internet. Allegation is that Mohd. Yunus Jilani expressed his inability to live at Moradabad after getting married to the complainant. Smt. Anupama Mehrotra (opposite party No 2) was Professor in Dayanand Kanya Degree College, Moradabad, where as Mohd. Yunus Jilani was resident of Srinagar, State of Jammu and Kashmir. The applicants have stated on oath that they were completely ignorant of so-called affair and proposal of the marriage floated on the internet.
(3.) AN application under Section 156 (3), Cr. P. C. was moved by the opposite party No. 2 before the Chief Judicial Magistrate, Moradabad, for registration of the F. I. R. Pursuant to the order dated 2. 5. 2005, First Information Report was registered on 12. 5. 2005, at case crime No. 531 of2005, under Sections 105, 120- B, 313, 384, 385, 387, 406, 380, 401,420,498-A, 504, 506,i. P. C. Copy of the F. I. R. is annexed as ANnexure 1 to the affidavit filed in support of the instant application. The statement of opposite party No. 2 as well as a number of witnesses was recorded by the Investigating Officer under Section 161, Cr. P. C. , which is part of the record. On perusal of the statements, it transpires that but for the complainant, none of the witnesses levelled allegation against the present applicants. Photo-copies of e-mails alleged to be sent by Mohd. Yunus Jilani on different dates have also been brought on record.;