Heard learned counsel for the Petitioners and learned A.G.A. for the State as well as perused the record.
This petition under Section 482 of Cr. P.C. has been moved by the petitioners for quashing the charge-sheet filed by the Investigation Officer in Case Crime No. 4130/2009 under Sections 363/366/368 IPC, Police Station Kotwali Nagar, District Faizabad as well as the proceeding of Criminal Case No. 6790/2010 (State Vs. Anil Kumar Kushwaha and Others) arising out the above charge-sheet.
The submission of learned counsel for the petitioners is that Anil Kumar Kushwaha and the prosecutrix (Prathistha Srivastava) being major had entered into marriage on their own sweet will and since then then they are living as husband and wife. Prathistha Srivastava had filed a Writ Petition No. 2033 of 2009 before the High Court of Judicature at Bombay where the petitioner and her husband were living at the material time. The High Court was pleased to observe that the petitioners being major had married with each other and were living together as husband and wife. The police had gone to Bombay to arrest the accused but the police returned after knowing the real facts.
Issue notice to opposite party no. 4 to file counter affidavit within four weeks.
Learned counsel for the petitioners may file rejoinder affidavit, if any, within two weeks thereafter.
List thereafter.
Till then the proceeding of Criminal Case No. 6790/2010 arising out Case Crime No. 4130/2009 will remain stayed.
Order Date :- 25.6.2010 Santosh/-