JUDGMENT 1. - These are criminal misc. petitions under Section 482 Cr.P.C. for quashing of FIR No. 27/2008 of P.S. Gordhan Vilas, District Udaipur for the offence under Sections 363 and 366 IPC. 2. On 26.8.2010, the following order was passed,- "Mr. Roop Lal, ASI of Police Station Gordhan Vilas, Udaipur is present in person. He is found to have been investigating the case since July, 2008. He submits that no progress with regard to investigation has taken place as the file had been lying with the learned Public Prosecutor. 2. Learned counsel for the petitioner submits that both the parties have compromised and living together happily. It is also told that the complainant who happens to be the father of the petitioner No. 1- Smt. Shahena, has also filed the compound petition before the Court which is on record. Out of the wedlock of husband and wife one child was also born, hence, there is no reason for the police to proceed with the investigation of the case. A bare perusal of the order dated 14th March, 2008 reveals that the police was directed not to take any coercive steps against the petitioners Smt. Shahena and Mohd. Sajid. This order merely suggests that no coercive steps shall be taken by the police qua the petitioners but the investigation was never stayed. In such a situation, it was the bounden duty of the Investigating Officer to proceed with the investigation and arrive at a conclusion, but nothing is found to have been done by the Investigating Officer, so far as the investigation of the case is concerned. Investigating Officer should collect the case diary today only from the learned Public Prosecutor and complete the investigation within a period of seven days keeping in view the order dated 14th March, 2008 passed by this Court wherein the police was directed not to take coercive steps against the petitioner. 3. The Investigating Officer should appear in person and submit the progress report before this Court on 6th September, 2010. 4. List this case along with the connected petition on 6th September, 2010." 3. Thereafter, on 23.2.2012, the following order was passed,- "An application for extending the order dated 14.03.2008 has been filed. The learned counsel has produced the order dated 26.08.2010 passed in S.B. Criminal Misc. Petition No. 299/2008, Smt. Shahena & Anr. v. The State of Raj. & Anr.
List this case along with the connected petition on 6th September, 2010." 3. Thereafter, on 23.2.2012, the following order was passed,- "An application for extending the order dated 14.03.2008 has been filed. The learned counsel has produced the order dated 26.08.2010 passed in S.B. Criminal Misc. Petition No. 299/2008, Smt. Shahena & Anr. v. The State of Raj. & Anr. , wherein this court has noticed the fact that Smt. Shahena and Mohd. Sajid are living as husband and wife. Out of their wedlock, a child was born. The parties have already compromised. Therefore, the learned counsel has prayed that the interim stay granted by this court, vide order dated 14.03.2008, should continue till further orders. Considering the fact that the parties have compromised, the interim order dated 14.03.2008 shall continue till further orders. The application (2614/2008) is, hereby, allowed. Put up on 2nd March, 2012." 4. Thereafter, the matter is being adjourned for one reason or the other. The State has no information with respect to the status of the case. 5. In any case, it is evident from above that Smt. Shahena and Mohd. Shahid are living as husband and wife and out of their wedlock, a child was born. Thus, no offence under Section 363, 366 IPC can be said to be made out against the petitioner No. 2. Moreover, the misc. petition No. 299/2008 has been filed jointly. Petitioner No. 2 being major as on date has a right to live with whomsoever she wants. 6. In view of the above, in case the proceedings in pursuance to FIR are allowed to proceed, it will amount to misuse of the process of law. 7. Accordingly, the present criminal misc. petitions are allowed and the FIR No. 27/2008 registered at Police Station Gordhan Vilas, District Udaipur and all subsequent proceedings arising out of the said FIR is quashed.Petition allowed. *******