Kanwaljit Singh Ahluwalia, J. - (1.) The present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of FIR No.311/2018 registered at Police Station Amer, District Jaipur City North for the offences punishable under Sections 363 and 366A IPC.
(2.) The present petition has been filed by victim Rijwana alongwith Shaif Ali.
(3.) This Court on 6.8.2018 had passed the following order:- The present petition has been filed by newly married couple seeking quashing of FIR No. 311/2018 registered at Police Station Amer, District Jaipur City North (Raj.) for the offences punishable under Sections 363 and 366A IPC. It is further prayed that protection be granted to the petitioner no.2 newly wedded wife of petitioner no.1, as she apprehends danger to her life and liberty. This Court on 2.8.2018 had passed the following order:- "Petitioner No.2 - Rijwana is present in person before this Court. Let at the first instance, statement of petitioner No.2 - Rijwana be recorded by Deputy Registrar (Judicial) of this Court today itself, upon identification of the petitioner No.2, by her Counsel. List on 06.08.2018. On the said date, Investigating Officer shall remain present in person along with the record of the case." In pursuance of the aforesaid order, Dy. Registrar (Judicial) has recorded the statement of petitioner no.2 and the said statement is taken on record. For ready reference, the statement of petitioner no.2 is reproduced, as under:- ...[VERNACULAR TEXT OMITTED]... The learned Public Prosecutor on instructions from Inspector, Narendra Kumar, SHO P.S. Amer, Jaipur has submitted that as per the school certificate, the date of birth of the petitioner no.2 is 20.6.2001 and hence, she is about 17 years old. The learned counsel for the petitioners has controverted this fact by stating that the petitioner no.2 and his family members are illiterate and they have kept no record with regard to date of birth, rather in Bhamashah Card, issued by the Government, the date of birth of other members of family is recorded as 1st of July of different years. In view of the doubt caused, I direct the petitioner no.2 to appear before Medical Superintendent, SMS Medical College, Jaipur. The Medical Superintendent, SMS Medical College, Jaipur shall constitute a Board of three Doctors who shall conduct necessary test including ossification test to determine the age of the petitioner no.2. To await report from the Board of Doctors, regarding age of the petitioner no.2, list his case on 27.8.2018. Till then, further proceedings arising out of the impugned FIR shall remain stayed. A further direction is issued to the investigating officer to ensure necessary vigil that that no harm is caused to the life and liberty to the petitioner no.2. The learned counsel for the petitioners also undertakes that the petitioner no.2 shall appear before the Medical Superintendent, SMS Medical College, Jaipur on 10.8.2018 at 10:00 AM. ;