Heard learned counsel for the applicants, learned A.G.A. and Sri S.K.Pandey, counsel appearing on behalf of the complainant. This application has been filed with a prayer to quash the proceedings of criminal Case No. 4515 of 2008 , pending in the court of learned C.J.M.Karvi, Chitrakoot arising out of case crime no. 2804 of 2009 under sections 363, 366 I.P.C., P.S.Kotwali Karvi, District Chitrakoot. It is contended by learned counsel for the applicants that the statement of the prosecutrix has been recorded under section 164 Cr.P.C. ,in which she stated that she has performed the marriage with accused Daya Shanker Pandey, she was not kidnapped, she has disclosed her age as 19 years. The counsel for the complaint produced the original certificate issued by Board of Secondary Education, M.P. Bhopal in which her date of birth is 10.6.1993. According to this certificate, she was minor at the time of alleged incident. The aged is disputed in the present case, this issue shall be decided by the trial court, therefore, the prayer for quashing the proceedings is refused.
However, considering the facts and circumstances of the case, it is directed that in case the applicants move application for appearance/surrender before the court concerned within 30 days from today on which the court concerned shall fix the date of surrender/appearance, in the meantime the court concerned shall seek the instructions from the prosecution side. In case the applicants move the application for bail on the day of the appearance or surrender, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below.
With this direction, the application is finally disposed of. Order Date :- 21.1.2010 Su