SABINA,J. - (1.) Petitioner has filed this petition under Section 482 Criminal Procedure Code 1973 (hereinafter referred to as 'Cr.P.C.'), for quashing the criminal proceedings arising out of FIR No. 508/2014 registered at Police Station Nadbai, District Bharatpur for offence under Section 368 and 120-B Indian Penal Code 1860 (hereinafter referred to as 'IPC').
(2.) Learned counsel for the petitioner has submitted that a missing report was lodged by the father of the prosecutrix and FIR was registered on 10.7.2014. Thereafter present FIR was lodged by the father of the prosecutrix alleging that his daughter had been kidnapped/abducted by some unknown persons. Thereafter effort was made to trace the prosecutrix. A notice was put up by the police at prominent places that the prosecutrix aged about 16-17 years was travelling by train etc. from place to place by changing her name and projecting that she was a police official. It was further published that the prosecutrix was making friends while travelling by train. Thereafter prosecutrix was recovered and her statement under Section 161 Cr.P.C. was recorded on 14.3.2016. Prosecutrix had not named the petitioner. Learned counsel for the petitioner has submitted that so far as petitioner is concerned as per the prosecutrix she had reached Gangapur City Railway Station and had stayed in the house of the petitioner for one night. Prosecutrix made a phone call from the mobile phone of the petitioner to Kusum stating that she was in need of money. Prosecutrix was informed by Kusum and Jeevan that they would make necessary arrangements. Thereafter police called the petitioner on his mobile phone and instructed him to stop the prosecutrix at the spot. However, petitioner got nervous and left the prosecutrix at Gangapur City Railway Station and she took a train for Indore. There is no allegation against the petitioner with regard to commission of offence of rape. Petitioner was not known to the prosecutrix and as per prosecution story petitioner had merely allowed her to stay in his house for one night. Learned counsel for the petitioner has further stated that charge has been presented against 17 persons. So far as petitioner is concerned, proceedings against him were initiated under Section 299 Cr.P.C. Learned counsel has submitted that criminal proceedings against the petitioner were liable to be quashed.
(3.) Learned State Counsel, on the other hand, has opposed the petition.;