Vipin Sinha, J. - (1.) HEARD learned counsel for the parties.
(2.) THE present 482 Cr.P.C. application has been filed to call for and peruse the entire records of investigation in Case Crime No. 257 of 2014, under Sections 363, 366, 506, 376, 120B IPC and 3/4 POSCO Act, P.S. Lisari Gate, Meerut and to quash/stay the entire proceedings related to impugned notice dated 30.6.2014 issued by respondent Investigating Officer/Police in respect of applicants. After hearing the learned counsel for the parties and on perusal of the record the factual position of the case can be crystallized as under: An FIR was lodged against the applicants under sections 363, 366, 506 IPC, copy of which has been annexed as annexure 4 to the affidavit accompanying the application. Smt. Gudia, who as per the FIR, is the victim girl had earlier filed a writ petition before this Court being writ petition no. 20665 of 2014, which was disposed of finally by another Bench of this Court vide order dated 9.4.2014 with the direction that liberty of the petitioners to live as husband and wife or their living in relationship, shall not be interfered with the by the respondents or anyone else, even they happen to be the parents of the petitioners. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners. However, this order in no way expresses opinion about the validity of their marriage and genuineness of their marriage certificate.
(3.) IT may be clarified here itself that Gudiya and Saniya are one and the same person. Subsequently, it appears that FIR was lodged, which FIR was challenged by the applicants by filing a writ petition being writ petition no. 7474 of 2014, which was disposed off finally by a Division Bench of this Court on 25.4.2014 in the following terms: However, considering the submission made by the learned counsel for the petitioners that the alleged kidnapped girl is major and she has performed the marriage with her free will and consent, it is directed that if the alleged kidnapped girl appears/is produced before the court of learned Magistrate concerned, within a month from today, he shall satisfy himself as to whether the girl is major or not and shall record her statements under section 161 Cr.P.C. and 164 Cr.P.C. The Magistrate concerned shall fix a date for the same purpose. Till then, no coercive step shall be taken against the petitioners. In case of default, it shall be open to the police authority concerned to arrest the petitioners. If the kidnapped girl is found major and she does not support the FIR version, the petitioner shall not be arrested till submission of the police report under section 173(2) Cr.P.C., but the petitioners shall cooperate with the investigation. In case, the alleged kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the accused. It is directed that issue of custody of the alleged kidnapped girl shall be decided by the learned Magistrate concerned in accordance with law. It is further directed that in case the petitioners approach the S.S.P. concerned to provide them protection for the purposes of appearing before the Court concerned to record the statement of the kidnapped girl under section 164 Cr.P.C. and for medical examination, the same shall be provided. With the above direction this writ petition is finally disposed of.;