PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this misc. petition under Section 482 of Cr.P.C. claiming the following reliefs :- "In Criminal Misc. Petition No.4142/2018 1. It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and FIR No.63/2017 of Police Station Khiwara (pali) may kindly be quashed and set aside. In Criminal Misc. Petition No.4272/2018 It is, therefore, most respectfully prayed that this misc. petition may kindly be allowed and impugned order dated 05.11.2018 passed by Child Welfare committee, Pali may kindly be quashed and set aside and custody of Badami @ Vidhya may kindly be given to the petitioner in the capacity of her husband."?
(2.) The petitioner Madan Lal solemnized marriage with Badami @ vidhya. The girl's father respondent No.3 submitted a complaint under Section 363 and 366 of the IPC upon which the present FIR was lodged. The petitioner and his wife Badami moved a criminal misc. petition earlier bearing No.3935/2018 which was finally disposed of by this Court on 02.11.2018 by passing a following order :- "1. The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of FIR No.63/2017 of P.S. Khinwara, District Pali lodged qua them for offence under Sections 363 and 366 IPC. 2. Counsel for the petitioner submits that petitioners herein are living together as husband and wife after solemnization of marriage 1 - 1/2 years prior and they have a child born out of the wedlock, therefore, the offences alleged in the FIR are not made out. 3. Counsel for the petitioner submits that the petitioner wants to submit a representation alongwith all the relevant documents before the concerned investigating authority to redress the issue. 4. Learned Public Prosecutor assures this Court that if the petitioner submits a representation along with all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation. 5. In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioner submits a representation along with all the necessary documents before it within a period of ten days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor. 6. In the peculiar facts of the case, it would be appropriate to grant protection from arrest to the petitioner as it will be a waste of energy and resources of the Police Department to run after the accused to complete the related investigation and without protection it would also cause un-necessary hardship to the accused, who deserves a basic opportunity of explaining his case before the Investigating Authority without fear of arrest. The Investigating Officer, however, shall have the liberty of custodial interrogation after giving 15 days' notice before arrest if required. In the interest of justice and the facts and circumstances noted by this Court, the limited protection is justified. Therefore, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioners shall be given 15 days' notice before making such arrest. The petitioners shall be required to join the investigation. The petitioners shall be at liberty to approach this Court again, in case need arises."?
(3.) The investigating officer and girl Badami @ Vidhya along with official of Balika Grah Jodhpur are present before this Court.;