JUDGMENT

1. It is submitted by Shri Girdhar Gopal Shivhare that in connection with some urgent personal work, Shri A.R. Shivhare is required to go out of station. However, Shri Girdhar Gopal Shivhare was neither in a position to inform this Court about the reason for going out of station nor he was in a position to inform that to which place Shri A.R. Shivhare has gone. Thus it is clear that the applicant is not interested in arguing the matter and is seeking adjournment on flimsy and non-existing grounds.

2. This application under Section 482 of Cr.P.C. is pending from the year 2017 as it was filed on 13.9.2017. The notices were issued to respondent No.2 on 22.9.2017. Thereafter, the matter was taken up on 16.3.2021 and the counsel for the applicant was directed to supply a copy of the petition to the counsel for the State. On 26.6.2021, the case was adjourned on account of non-appearance of respondent No.2.

On 2.7.2021, none had appeared for the applicant and, accordingly, the case was adjourned. On 22.7.2021, the case was adjourned at the request of the counsel for the applicant. On 9.9.2021, the counsel for the applicant was directed to supply a copy of the petition in compliance of order dated 2.7.2021. Thus it is clear that for the last four years, the case is pending and no interest has been taken by the applicant to argue the matter. Today also an adjournment is being sought on flimsy grounds. Further, this petition was filed for quashing the FIR in Crime No.313/2017 registered at Police Station Civil Line, Morena for offence under Sections 34 2, 294, 506, 323, 34 of IPC as well as the proceedings in Criminal Case No.1328/2017 pending in the Court of JMFC, Morena. Since there is no interim order in the present case, therefore, it is clear that some substantial progress must have taken place before the Trial Court. However, it is also not known as to whether the applicant had entered his appearance before the Trial Court or not.

3. Be that whatever it may.

4. The facts of the case are that on the written application of the complainant/respondent No.2, the Police Station Civil Line, Morena has lodged the FIR in Crime No.313/2017 for offence under Sections 34 2, 294, 506, 323, 34 of IPC against the applicant and 16 other persons. According to the prosecution case, the respondent No.2 who is cousin sister of the applicant went missing on 3.2.2016 and her father Mahesh Yadav lodged a missing person report at Police Station Civil Line, Morena. The police produced the respondent No.2 before the SDM, Morena on 22.12.2016 where she stated that she has solemnized marriage with one Ajit Yadav on 8.12.2016 and wants to live with her husband Ajit Yadav. As per the case of the prosecution, the family members of respondents No.2 were not happy with this marriage and, therefore, the father of respondent No.2 and other family members got annoyed with the complainant. When she was going with her husband, then all 16 persons including the applicant surrounded her and beat her and her husband. It was further alleged that all the persons threatened her and on gun point, forcibly took her to village Morena and confined her wrongfully. Somehow she managed to escape on 7.1.2017 and thereafter she lodged the report on 3.5.2017 against all the 16 persons.

5. It is the case of the applicant that proceedings pending against the applicant prima facie deserves to be quashed and a false report was lodged by respondent No.2. The husband of respondent No.2 was an accused in Crime No.15/2017 which was registered for offence under Sections 354 , 506 of IPC at Police Station Kotwali Morena and t