Full Judgment
CRLMC No.3763 of 2013 05.
26.03.2014 Heard learned counsel for the petitioner and learned counsel for the victim girl-opposite party no.2.
None appeared for the informant-opposite party no.3.
This application under Section 482 Cr.P.C.has been filed praying for quashing of the criminal proceeding initiated against the petitioner in G.R.Case No.1046 of 2013, arising out of Talcher P.S.Case No.285, dated 11.9.2013, pending in the Court of learned S.D.J.M., Talcher, under Section 366 I.P.C.The prosecution case in brief is that the informant (Pramod Kumar Sharma) lodged a written report before the I.I.C., Talcher Police Station, Talcher, which was registered as Talcher P.S.Case No.285 of 2013, under Section 366 I.P.C., alleging therein that on 10.9.2013, in the morning, the petitioner kidnapped his niece (opposite party no.2) on the pretext of marriage.
It was also alleged that earlier the petitioner had tried to marry her.
Learned counsel for the petitioner submits that the allegations made in the F.I.R.are false and fabricated, inasmuch as, the petitioner and the opposite party no.2 (victim girl) were in love relationship with each other and they had decided to marry, for which the victim girl (opposite party no.2) left the house of the informant of her own will and subsequently they got married.
mp 2 It is the case of the petitioner that pursuant to the order of this Court, passed in BLAPL No.25035 of 2013, statement of the opposite party no.2 (victim girl) has been recorded under Section 164 Cr.P.C by the learned S.D.J.M., Talcher, on 04.11.2013, as per Annexure-2, wherein she has categorically stated that she had never been kidnapped by the petitioner and that she had love relationship with the petitioner and on 09.9.2013, she eloped with the petitioner to Sambalpur and there she got married to the petitioner on 10.9.2013 and No.she is residing with the petitioner as husband and wife and leading a happy conjugal life.
It is the further case of the petitioner that as the petitioner and opposite party no.2 (victim girl) are married and they are residing together as husband and wife, no useful purpose would be served by allowing continuance of the criminal proceeding against the present petitioner, especially when the chances of his ultimate convictions are bleak.
Learned counsel appearing for the victim girl (opposite party no.2) submits that the victim girl was never kidnapped by petitioner.
Rather she had eloped with the petitioner of her own sweet will and she has married the petitioner and they are living together as husband and wife and she does No.want to proceed with the case any further against the petitioner, as the continuance of criminal proceeding would adversely affect her marital life.
mp 3 Considering the submissions made and keeping in view the statement of the victim girl (opposite party no.2) recorded under Section 164 Cr.P.C.and also the fact that the petitioner is married to the victim girl (opposite party no.2) and they are residing together as husband and wife, I find no useful purpose would be served by allowing continuance of the criminal proceeding against the petitioner, especially when the chances of his ultimate conviction are bleak.
Accordingly, the criminal proceeding initiated against the petitioner in G.R.Case No.1046 of 2013, arising out of Talcher P.S.Case No.285, dated 11.9.2013, pending in the Court of learned S.D.J.M., Talcher, under Section 366 I.P.C and all consequential criminal proceedings are hereby quashed.
CRLMC is accordingly disposed of.
Issue urgent certified copy as per rules.
………………….…… S.C.Parija, J.
mp