Virendra Kumar Srivastava, J. - (1.) The instant application under Section 482 Code of Criminal Procedure 1973 (Code) has been filed for quashing the charge-sheet no. nil of 2004, dated 18.4.2005, U/s 494 Indian Penal Code (IPC), Police Station Nagina Dehat, District Bijnore as well as criminal proceedings of Criminal Case No. 1410 of 2005 (State vs. Iftekhar Ahmad), U/s 494 of IPC, pending before ACJM, Nagina Dehat, Bijnor.
(2.) Heard learned counsel for the applicants Sri Mohd. Afzal and Sri Anirudh Sharma, learned AGA for the State. None is present on behalf of the respondent no. 2.
(3.) From perusal of material on record, it transpires that respondent no. 2 Some Dutt Sharma lodged First Information Report (FIR) at P.S. Nagina Dehat, District Bijnor with an allegation that Iftekhar Ahmad (applicant no. 1) and his uncle Jahid Husain had enticed away his niece Smt.Deep Sikha Sharma (applicant no. 2). The Investigating Officer, during investigation recorded the statement of victim Smt. Deep Sikha Sharma (applicant no. 2), who stated that she had voluntarily gone to Delhi and applicant no. 1 Iftekhar Ahmad had no concern with her. It was further discovered that Smt. Deep Sikha Sharma (applicant no. 2) is legally wedded wife of one Sanjay Sharma and is mother of two sons. The Investigating Officer after investigation found that the allegation of kidnapping of the applicant no. 2 was false but found that the offence of bigamy is made out as Deep Shikha Sharma (applicant no. 2) being legally wedded wife of one Sanjay Sharma again married with Iftekhar Ahmad (applicant no. 1) and filed a charge-sheet against applicants under Section 494 IPC. Learned Magistrate after taking the cognizance noted on the charge-sheet as below. Seen and register the cognizance taken. S.D. A.C.J.M. 23.12.2005;