MUSTAKEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants Shri Manoj Singh and in opposition Shri G.P. Singh, learned A.G.A. for the State and perused the record.

(2.) This application under Section 482 of Cr.P.C. has been moved on behalf of the applicants with a prayer to quash the Charge Sheet No. 42A of 2019 dated 27.05.2019 as well as the entire proceedings in S.S.T. No. 96 of 2019 (State v. Mustakeem and Another), arising out of Case Crime No. 0011 of 2019, under Sections 363, 366, 368, 376 of I.P.C. and Section 3/4 of POCSO Act, Police Station - Kakrauli, District - Muzaffar Nagar, pending in the court of Additional Sessions Judge, Court No. 8, Muzaffar Nagar.

(3.) It is argued by learned counsel for the applicants that daughter of opposite party no. 2, who is victim in this case, has married the accused-applicant no. 1 Mustakeem. The marriage certificate is annexed at Page No. 26 of the Paper Book. The said marriage has also been got registered, registration certificate whereof is annexed at Page No. 28 of the Paper Book. In the medical examination, the C.M.O. has found her age to be between 18-19 years. The Medical Certificate is annexed at Page No. 35 of the paper book. In the statement under Section 164 of Cr.P.C., she has stated in favour of the accused that she has already married him. Her mother used to quarrel with her and told her that she should go somewhere and consume poison and when her mother came to know about the fact that she had married the accused, a false F.I.R. has been lodged against the applicant. She had gone with the applicant on her own freewill. The I.O. has erroneously submitted charge-sheet in this case, which is nothing but sheer abuse of the process of court and simply on the basis of the school-leaving certificate of the victim, in which her date of birth is recorded at 21.04.2002, she has been taken to be a minor girl.