Rajesh Dayal Khare, J. - (1.) HEARD Learned Counsel for the applicants and learned A.G.A. for the State. The present application under Section 482 Cr.P.C., has been filed for quashing the order dated 31.10.2011 passed by learned Additional Civil Judge (Junior Division), Court No. 13, District Deoria in Misc. Case No. 182 of 2011 (State Vs. Rustam Ali), under Sections 363, 366 I.P.C., Police Station Khampur, District Deoria, whereby proceedings under Section 82 Cr.P.C., has been initiated against the applicants.
(2.) IT is contended by Learned Counsel for the applicants that the applicant nos. 1 and 6, as they were major had married each other, out of love and affection. It is further contended that a first information report was lodged against them, against which the applicants filed a Criminal Misc. Writ Petition No. 22122 of 2011 for quashing the F.I.R., in which, the writ Court vide order dated 22.11.2011 had disposed of the writ petition, with the direction that the victim namely, Mariyam Khatoon, the applicant no.6 in the present application, will present herself before the learned Chief Judicial Magistrate, District Deoria for recording her statement under Section 164 Cr.P.C., as well as for her age verification. It is further contended that pursuant to the order of the writ Court, the statement of the victim was recorded and her age was also verified, thereafter, the learned Judicial Magistrate, Court No. 13, District Deoria had passed an order dated 09.12.2011 directing that as the victim, is major she is free to go as desired by her which order is annexed as Annexure -4 to the affidavit accompanying the application. It is next contended that the applicant no.1 as well as applicant no.6 are legally wedded couple and are living together as husband and wife and issuance of the non -bailable -warrant as well as process under Section 82 Cr.P.C., is bad in law. After hearing the Learned Counsel for the parties and after perusing the averments made in the present application, this Court is of the opinion, that no useful purpose would be served in keeping the petition pending which is finally disposed of with the direction that in case, the applicants move an appropriate application for discharge under the relevant provisions of the Code of Criminal Procedure, before the concerned Court below within a period of one month from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of three months, thereafter.
(3.) FOR a period of four months from today or till the disposal of the discharge application whichever, is earlier, no coercive action shall be taken against the applicants in the aforesaid case. It is made clear that if the aforesaid application is not filed within the time stipulated by this Court, the protection granted by this Court shall automatically stands vacated.;