Anil Kumar Agarwal,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no.57 of 2013, under sections 363, 366 I.P.C., P.S.
Kokhraj, District Kaushambi.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no
ground for interference. In the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submission made by the learned counsel for the petitioners that the alleged kidnapped girl Smt. Sushila is major and she
has performed the marriage with petitioner no.1 Ram Chandra and she is living in his company as his house wife with her free will and consent, it is
directed that if the alleged kidnapped girl Smt. Sushila, appears/ produced before the court of learned C.J.M. Kaushambi within 20 days from
today and moves an application for her medical examination, recording her statement under section 161 Cr.P.C. and 164 Cr.P.C., the learned
magistrate concerned shall fix a date for the same purpose on that date the first informant and officer in charge of the police station shall be
summoned, she shall be produced before the C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall
be produced before the C.J.M. concerned for recording her statement under section 164 Cr.P.C., the same same shall be recorded on the
application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners, in
default to it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the F.I.R.
version, the petitioners 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 petitioners.
It is further directed that issue of custody of the alleged kidnapped girl shall be decided by the C.J.M concerned in accordance with law.
It is further directed that in case the petitioner approach the S.P. Kaushambi to provide them protection for the purpose of appearing before the
court concerned to record the statement of the kidnapped girl Smt. Sushila, under section 164Cr.P.C., and for medical examination, the same shall
be provided.
With the above direction this petition is finally disposed of.