Neutral Citation No. - 2025:AHC-LKO:10519 Court No. - 14 Case :- APPLICATION U/S 482 No. - 518 of 2016 Applicant :- Pankaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. And 02 Ors. Counsel for Applicant :- Sandeep Singh Counsel for Opposite Party :- Govt. Advocate,Piyush Kumar Singh Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the applicant, learned counsel for the private opposite parties as well as learned A.G.A. for the State and perused the record. 2. This petition under Section 482 Cr.P.C. has been filed for quashing the further proceedings of the impugned charge sheet no. 33 of 2015 dated 8.3.2015 arising out of Case Crime No. 28 of 2015 under Sections 363, 366 IPC, P.S. Fakharpur, District Bahraich as well as summoning order dated 11.1.2016 passed by Additional Chief Judicial Magistrate, Bahraich. 3. It is submitted by the learned counsel for the applicant that in this case, the victim was major aged about 19 years at the time of alleged incident and she went with the applicant voluntarily and entered into a marriage. It is further submitted that her statement under Section 164 Cr.P.C. was also recorded by the court concerned, on the basis of which, no offence under Sections 363, 366 IPC can be said to be made out against the applicant. It is also submitted that on the basis of statement of teacher of her school, the investigating officer recorded date of birth of the victim i.e. 5.10.2098 which reveals her age as 16 years but there is no any Transfer Certificate on record to support the age of victim to be minor, therefore, entire proceedings as well as charge sheet are liable to be quashed. 4. Learned counsel for the private opposite parties as well as learned AGA opposed the prayer as aforesaid and contended that the victim was minor at the time of alleged incident, who was enticed away by the applicant. Transfer Certificate relating to class V was collected by the investigating officer during the course of investigation and it was made part of case diary. The statement of the teacher concerned was also recorded and all these documents were produced before the court concerned after recording statement of the victim under Section 164 Cr.P.C. 5. Since the victim was minor at the time of alleged incident, her date of birth was 5.10.1998 as per Transfer Certificate of class V and the statement of teacher, these facts were taken into consideration by the learned Magistrate and order was passed on 3.2.2015 and the victim was handed over to her father. It shows that at the time of alleged incident, the victim was minor, therefore, her consent cannot be said to be material, as a result, this application has no merit and is liable to be dismissed. 6. At this stage, learned counsel for the applicant has submitted that if the applicant moves bail application before the court concerned, therefore, a direction to trial court may be given for disposal of bail application of the applicant in the light of the judgement rendered by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. 7. Accordingly, this application is finally disposed of with a direction that if the applicant moves an application for bail before the court concerned within 45 days, it shall be considered and decided in the light of the judgement rendered by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. Order Date :- 18.2.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench