Abdul Mateen & Sudhir Kumar Saxena, JJ.;- Heard learned counsel for the petitioner and the learned Additional Government Advocate. Under challenge in the instant writ petition is FIR relating to Case Crime No.499/2011, under Sections 363, 366 and 506 IPC, Police Station Paliya, District Kheri. We have gone through the FIR. It comes out that victim-Sarojani Devi has been taken away from her home by accused persons with ulterior motives and her whereabouts are not known. Learned counsel for the petitioner has submitted that the victim has married petitioner out of her own free-will and choice. The learned counsel has further submitted that as both victim and petitioner are major, as such, the FIR lodged against the petitioner is sham and is liable to be quashed in view of law laid down by the apex Court in the case of Lata Singh vs. State of U.P. and another reported in (2006) 5 Supreme Court Cases 475. There seems some substance in the argument advanced by the learned counsel for the petitioner. Let notice be issued to opposite party no. 3, returnable at an early date. Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks. List after expiry of the period granted for exchange of the affidavits. Till next date of listing or till submission of report under Section 173 (2) Cr.P.C. it is hereby directed that the petitioner shall not be arrested in the aforesaid crime number, provided he cooperates with the investigation, which shall go on. However, the petitioner is directed to produce victim-Sarojani Devi within a week before investigating officer for getting her statement recorded under Section 164 Cr.P.C. After getting the aforesaid statement recorded, the investigating officer shall handover the victim to the petitioner. Magistrate concerned after recording the aforesaid statement shall transmit to this Court photocopy whereof in a sealed cover. It is clarified that if for the said purpose the petitioner fails from producing victim-Sarojani Devi before investigating officer within a week, benefit of this order would not be available to him.