R.K.RASTOGI, J. - (1.) HEARD learned counsel for the applicants, learned AGA and Sri Irfan Ali, learned counsel for the Opposite Party No. 2.
(2.) THIS is an application under Section 482, Cr.P.C. for quashing the proceedings of Criminal Case No. 417/9 of 2001 pending in the Court of IInd Judicial Magistrate, Muzaffar Nagar. The facts relevant for disposal of this application are that on 22.5.2000 at about 10.30 a.m., the informant Mohd. Habib (Opposite Party No. 2) lodged the report against applicant No. 1 Meharban Ali alias Toni with these allegations that Toni and his two-three associates had kidnapped his minor daughter Shaukeena aged about 17 years on 21.5.2000 at about 9.30 p.m. and since they could not be traced out, he went to the police station on 22.5.2000 and lodged this report.
(3.) ON the basis of the above report, the police registered a case under Sections 363 and 366, IPC against Toni alias Meharban Ali and his unknown associates and investigated the same. After investigation, a charge-sheet was submitted against Toni and his brothers Subhan, Fana and Suleman under Sections 363 and 366, IPC. The accused applicants then moved this application under Section 482, Cr.P.C. for quashing the charge-sheet in which it was alleged that Shaukeena was major at the time of the incident and she had herself gone with Toni alias Meharban Ali out of her own free will, and had married him. A copy of the Nikahanama was filed along with the application and a photo copy of the age certificate issued by the CMO, Muzaffar Nagar on 5.12.2000 was also filed showing that the age of Smt. Shaukeena was nineteen years.;