MANOJ RAIKWAR Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. 1. The applicant has preferred the present petition under section 482 of Cr.P.C. to quash FIR registered at crime No. 44/2016 for offence under sections 363 & 366 of IPC.

(2.) Prosecution case, in short is that one Rafik Khan father of the prosecutrix had lodged a missing report at police station Datia that his daughter aged 18 years left the house on 03/12/2015 and she was missing. After enquiry, it was found that the prosecutrix was residing with the applicant as a wife though no valid marriage is found to be performed. During pendency of the investigation, a Habeas Corpus petition was filed and in that W.P. No. 1281/2016, the prosecutrix appeared before the Single Bench of this Court on 06/04/2016 and stated that she went with the applicant on her own will and she was residing with the applicant.

(3.) After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it appears that most of the facts are admitted between the parties. Firstly, that the prosecutrix went herself and at present she is residing with the applicant though there is no valid marriage certificate shown by the parties. It is also admitted that in the mark - sheet of High School examination date of birth of the prosecutrix is mentioned to be 13/01/1997 and according to that entry she was above 18 years of age at the time of incident.