The main legal principle established in the judgment is that the inherent power under Section 482 Cr.P.C. should be exercised sparingly and with circumspection, and only in cases where allowing the proceedings to continue would be an abuse of the process of the court or the ends of justice require that the proceedings ought to be quashed.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Mr. Arvind Kumar, learned counsel for the applicants and Mr. Prem Prakash, learned AGA for the State.

2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of summoning order and the order dated 12.10.2017 passed by the Additional Sessions Judge, Court No. 5, Barabanki in C.T. No. 39/2017 as well as charge-sheet No. 127/2016 dated 04.09.2016 in case Crime No. 90/2016, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Ramnagar, District Barabanki.

3. The facts of the case, briefly stated, are that on 29.03.2015 a first information report under Sections 363, 366 IPC was lodged at Police Station Ramnagar, District Barabanki by the opposite party no. 2, Ghan Shyam, father of the applicant no. 1 alleging that Parvesh, Nandu, Pratap and wife of Parvesh have enticed away his daughter-applicant no. 1 alleged to be 15 years of age. Although the applicant no. 2 was not named in the FIR, his name was subsequently added and the name of all the persons made accused in the FIR were expunged upon coming into the light the fact that the applicant no. 1 had married with applicant no. 2.

4. The applicant no. 1 was produced before the Chief Medical Officer, Barabanki for her medical examination who certified her age to be 18 years.

5. In her statement recorded under Section 164 Cr.P.C., which was recorded after expiry of a period of four years of the alleged incident and in pursuance of the direction issued by this Court vide order dated 23.06.2016 passed in Writ Petition No. 14565 (MB) of 2016, the applicant no. 1 stated that she had gone away with the applicant no. 2 out of her own free will and she married the applicant no. 2 and is residing with him as his wife. She gave birth to a son who could not survive. She categorically stated that her father had lodged an FIR on false allegations and no wrong has been committed with her. She is living happily with the applicant no. 2 as her parents used to beat her with sticks. She ran-away with the applicant no. 2 out of her own free will.

6. A copy of the marriage certificate issued by the District Marriage Officer, Barabanki has also been placed on record, in which the age of the applicant no. 2 is mentioned to be 21 years and it has been certified that the applicant no. 1 got married to the applicant no. 2 on 09.07.2015.

7. The applicants have also brought on record a copy of a certificate dated 05.03.2018 issued by the Village Pradhan certifying that the applicant no. 1 is the wife of the applicant no. 2, they reside in Village Utkhara, Police Station and Tehsil Ramnagar, District Barabanki and they have got a son, namely, Kishan who was born on 04.12.2017. The applicants have also filed a copy of "Mother and Child Care Card" issued by the Integrated Health Development Service, National Health Mission which states that the applicant no. 1 gave birth to a son on 04.12.20174 and in this card apparently prepared in the year 2017, the age of the applicant no. 1 stated to be 20 years.

8. By means of an order dated 04.04.2018, notice was ordered to be issued to the opposite party no. 2-informant and the respondent-State was also given opportunity to file its objections/counter affidavit.

9. The learned Chief Judicial Magistrate, Barabanki has submitted a report dated 23.04.2018 stating that the notice issued to the opposite party no. 2 has been served in person but in spite of personal service of notice, the opposite party no. 2 has not filed any objection nor a counter affidavit in this case. The State has also elected not to oppose the application by filing a counter affidavit.

10. It has been pleaded in the affidavit filed in support of the application that the applicants had filed Writ Petition No. 14565 (MB) of 2016 seeking quashing of the FIR registered as case Crime No. 90/2016, under Sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Ramnagar, District Barabanki lodged by the opposite party