1 APL 955.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 955 OF 2011 Mr. Saddam Ismail Khan. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. Amit Munde for the Applicant. Mr. A.S. Shitole, APP for the State. Ms. E.B. Dixit with Mr. Ramesh Tripathi for the Original Complainant. CORAM : K.U. CHANDIWAL, J. DATED : 17th OCTOBER 2011. P.C. :- Heard learned Counsel for the Accused/Applicant and the Original Complainant extensively. 2. In Sessions Case No.122 of 2011 arising out of C.R.No. 429 of 2010 by Turbhe Police Station for an offence punishable under Sections 366 and 376 of I.P.C., the Accused/Applicant seeks quashment of the proceedings in terms of Section 482 of Cr.P.C. 3. The learned Counsel for the Accused/Applicant invited my attention to the text of FIR and Nikahnama at Exhibit ‘A’ 2 APL 955.11.sxw marriage agreement dated 5.10.2010 signed by the Accused/Applicant and victim, the victim’s photograph at Exhibit ‘D’. One of the letter of May 2011 addressed to the Accused/Applicant. The learned Counsel submits, the Family Register maintained by the Officer concerned shows victim’s birth in the year 1991. However, a false certificate is procured from Bombay Municipal Corporation showing date of the birth of the victim to be 6.10.1995. The learned Counsel submits, considering the voluminous documents and as the victim herself is ready to join the Accused/Applicant no purpose would be served to continue the proceedings against the Accused/Applicant. 4. The learned Counsel for the Original Complainant submits that charge is already framed. 5. The documents to which reference is given by the Accused/Applicant are to be taken into consideration as and by way of defence. Before this Court the disputed fact in terms of Section 482 of Cr.P.C. need not be gone into. The age of victim to which much emphasis is given is to be decided at proper stage, dispelling presumption associated to certificate issued by Municipal Corporation. The matter is ripe before the learned Sessions Judge. Consequently, without further adverting to the worth of the documents referred to above, the Application is dismissed. (K.U. CHANDIWAL,J.) 3 APL 955.11.sxw