Bala Krishna Narayana, J. - (1.) HEARD Learned Counsel for the applicants and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the proceedings of criminal Case No. 2453 of 2009 (State v Lokesh & another), under Sections 363 & 366 I.P.C. pending before the III Additional Chief Judicial Magistrate, Meerut (in short "the Magistrate").
(2.) IT is contended that the impugned criminal prosecution has been launched against the applicants at the behest of opposite party No. 2 on account of her daughter, Smt. Savita alias Gulnaz, the opposite party No. 2, having married Lokesh alias Gola, applicant No. 1. It is further contended that Smt. Savita alias Gulnaz has married the applicant No. 1, Lokesh alias Gola on her own accord and is living with him as his wife, yet the Investigating Officer has illegally submitted charge sheet against the applicants without recording the statement of the prosecutrix under section 164 Cr.P.C.
(3.) IN this view of the matter it is directed that the applicants shall produce the prosecutrix Smt. Savita alias Gulnaz before the Magistrate within three weeks from today. The Magistrate shall upon proper identification get her medically by the Chief Medical Officer, Meerut. Whereafter, he shall record her statement under section 164 Cr.P.C. in the presence of the Investigating Officer and decide the question of her custody after affording opportunity of hearing to the opposite party No. 2. The entire exercise indicated herein above shall be completed by the Magistrate within a period of three weeks from the date of production of the prosecutrix Savita alias Gulnaz before him.;