- (1.) Gist of the issue raised by way of this petition is recorded in order dated 29.2.2016. The order, when extracted, reads as under: - - 1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 19.01.2016 lodged as Case Crime No. 29 of 2016, under Ss. 363, 366, 504 & 506 Indian Penal Code and Sec. 7/8 of Protection of Children from Sexual Offences Act, Police Station -Antu, District -Pratapgarh (Annexure No. 1). 2. Contention of learned counsel for the petitioners is that petitioner No. 1 got married to petitioner No. 2 of her free will and accord. Offence in context of petitioner No. 1 has not been committed. The marriage has not been accepted by respondent No. 4, therefore, impugned criminal proceedings have been initiated. 3.Issue notice to serve respondent No. 4, returnable on 01.04.2016. 4. The petitioners shall not be taken in custody, till the next date of listing. The petitioners are directed to join investigation. 5. Petitioner No. 1 is directed to remain present in the court of Chief Judicial Magistrate, Pratapgarh on 04.03.2016, at 10:00 a.m. so that her statement can be recorded under Sec. 164 Cr.P.C. and she can also be subjected to medical examination. 6. Station House Officer, Police Station -Antu, District -Pratapgarh is directed to ensure that Investigating Officer of the case also presents himself in the court of Chief Judicial Magistrate, Pratapgarh on 04.03.2016, at 10:00 a.m. to carry out the order of the Court. 7. List on 01.04.2016."
(2.) Short affidavit has been filed on behalf of the prosecuting agency, in court, which is taken on record. In the affidavit, it has been stated by the investigating officer that in the statement of the prosecutrix recorded under Sec. 164 Cr.P.C., the prosecutrix has not supported the prosecution case. The statement has been placed on record as Annexure No. SCA -1.
(3.) In Annexure No. SCA -1, the prosecutrix has stated that she had not been kidnapped by Kuldeep. She used to be harassed by her parents. She has been in love with Kuldeep for the last one year and wanted to get married to him. Parents of the prosecutrix, however, wanted her to be married elsewhere. Without informing anybody in the house, the prosecutrix left the house and summoned Kuldeep to the railway station telephonically and thereafter went to Delhi and lived in Delhi for one month in rented premises. Thereafter they returned to Lucknow and got married in a Mandir.;