Hon'ble Dinesh Gupta,J.
List is revised.
Learned counsel for the petitioners is not present.
Heard learned AGA and perused the record.
This writ petition has been filed with a prayer to quash the FIR dated 12.5.2011 in case crime no. 119 of 2011 Under Section 363, 366, IPC, Police Station Patiyali, District Kashi Ram Nagar.
From the bare perusal of the FIR it appears that the allegations made therein are prima facie diclosing the commission of cognizable offence. There is no good ground to interfere in the impugned FIR. Therefore, the prayer for quashing the impugned FIR is refused.
However, considering the averments made in the affidavit that the alleged kidnapped girl Kr. Pallavi has performed the marriage with the petitioner Harshit Rastogi and she is major, it is directed that Kr. Pallavi Gupta shall be produced before the Court of learned CJM, Kashi Ram Nagar within 30 days from today, she shall be properly identified by the IO of this case and respondent No. 4. Thereafter, she shall be medically examined by C.M.O., Kashi Ram Nagar to determine her age etc. After medical examination, her statement under Section 164 Cr.P.C. shall be recorded. In case she appears major and does not support prosecution story petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C. in case Kr. Pallavi Gupta appears minor, it shall be open to the IO to make the arrest of the petitioners. But the issue of custody of Kr. Pallavi Gupta shall be decided by learned CJM Kashi Ram Nagar in accordance with law.
The interim order dated 26.7.2011 is hereby vacated.
Accordingly this petition was disposed of.
Order Date :- 16.3.2012 D.K.