GAJRAJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajay Vashistha, learned counsel for the applicant and Sri I.B. Yadav, learned AGA for the State. The present application under Section 482 Cr.P.C. has been filed for quashing of the impugned order dated 26.5.2014 passed by Special Judge/Additional Sessions Judge, Court No. 1, Kasganj, in S.T. No. 31 of 2014 (State v. Ajeet and others), under Sections 363, 366 IPC and 3/4 Protection of Children from Sexual Offence Act, 2012, P.S. Sahawar, District Kasganj.

(2.) The fact as emerges out from the record is that the First Information Report lodged by applicant who is father of the victim girl on 23.2.2014 which was registered as Case Crime No. 52 of 2014 under Sections 363, 366 IPC, P.S. Sahawar, District Kasganj with an allegation that on 23.2.2014 her minor daughter whose date of birth is 18.8.1996, was enticed away by one Ajit son of Rajvir Singh alongwith Rajveer and Virendra son of Deen Dayal. On 20.5.2014 daughter of the applicant was recovered from the possession of co-accused Ajit and charge-sheet has been submitted in the case against Ajit only under Section 366 and 363 and 3/4 POCSO Act. The applicant thereafter moved an application before the Special Judge/Additional Sessions Judge Court No. 1, Kasganj to release his minor daughter and simultaneously as he is her natural guardian being father and on 20.5.2014 girl be given in his custody. The accused Ajit also moved an application on 24.5.2014 for the custody of the victim on the ground that he was her husband as both of them have married on 3.3.2014. The accused Ajit as well as the victim girl filed a writ petition being Civil Misc. Writ Petition No. 1473 of 2014 which was disposed of by this Court on 10.3.2014 with a direction that restraining any person from interfering in their matrimonial life as she is major. The Court rejected the application of the applicant as well as the accused Ajit and come to the conclusion that the girl was minor who was sent to Nari Niketan and further order that when she attain majority, the victim girl should be released. Hence the present petition has been filed by the applicant for quashing of the impugned order passed by the Court below.

(3.) It has been submitted by learned counsel for the applicant that the applicant is father of the victim girl and she is minor as per the high school certificate her date of birth is 18.8.1996 and he being a natural guardian the custody of the victim girl should be given to him.