Goutam Bhainsa vs State

S.C. Parija, J.—Sri A.P. Mishra, learned counsel enters appearance for the informant and the victim girl and files Vakalatnamas along with affidavits in Court today, which be kept on record. Heard learned counsel for the petitioner, learned counsel for the State, learned counsel appearing for the informant-opposite party no. 2 and the victim girl.

This application u/s 482 Cr.P.C. has been filed praying for quashing of the criminal proceeding initiated against the petitioner in G.R. Case No. 159 of 2014, arising out of Jamankira P.S. Case No. 29 of 2014, pending in the court of learned S.D.J.M., Kuchinda, under Sections 366-A I.P.C.

The case of the prosecution in brief is that the informant-opposite party no. 2, who is the father of the victim girl lodged a written report before the Jamankira Police Station, Sambalpur, which was registered as Jamankira P.S. Case No. 29(6) of 2014, alleging therein that on 10.03.2014 at about 4.00 P.M., her minor daughter, namely, Lipsa Parua, had been to neighbour''s house for attending the marriage feast but she did not return home. Inspite of his best efforts, he could not trace her out. Thereafter, he got the information that one Gautam Bhainsa of Kaibenga in the district of Bargarh, who had running a xerox shop near their house had taken away her minor girl by alluring her with something. After getting the information, the informant along with other villagers went to the house of the accused-petitioner and found her daughter there.

It is the case of the petitioner that the impugned F.I.R. had been lodged due to misunderstanding between both the parties. It is submitted that in the meantime the petitioner and the daughter of the informant (victim girl) are married and living together as husband and wife and leading a happy conjugal life. It is further submitted that as the matter has been amicably resolved between the parties and the informant has filed an affidavit stating therein that he does not want to continue with the criminal proceeding against the present petitioner any further, no useful purpose would be served by allowing continuance of criminal proceeding against the present petitioner, especially when the chances of his ultimate convictions are bleak.

The informant-opposite party no. 1 in his affidavit has stated that his daughter had eloped with the petitioner of her own sweet will and she is now living with the petitioner as his wife. It is stated that he had no knowledge about their love affairs at the time of lodging of the F.I.R. It is also stated that subsequently he came to know that petitioner and her daughter (victim girl) have married and they are now living together as husband and wife and leading a happy conjugal life. It is further stated in the said affidavit that in view of their marriage, the informant does not want to proceed with the case any further against the present petitioner and has no objection if the same is quashed.

The victim girl, namely, Lipsa Parua, has also filed an affidavit reiterating the fact that she is married to the accused petitioner and they are residing together as husband and wife and leading a happy conjugal life. It is further stated that her father (informant) had lodged the impugned F.I.R. due to misunderstanding as he was not aware of the existing love relationship between the petitioner and the victim girl and also the fact that they have married and residing together as husband and wife.

Considering the submissions made and keeping in view the affidavit of the informant-opposite party no. 2 and the fact that the victim girl has married to the petitioner and living together as husband and wife, the informant does not want to continue with the criminal proceeding against the petitioner any further, I find no useful purpose would be served by allowing continuance of criminal proceeding against the petitioner, especially when the chances of his ultimate convictions are bleak.

Accordingly, the criminal proceeding initiated against the present petitioner in G.R. Case No. 159 of 2014, arising out of Jamankira P.S. Case No. 29 of 2014, pending in the court of learned S.D.J.M., Kuchinda, under Sections 366-A I.P.C. and all consequential proceedings are hereby quashed.

Crl. MC and Misc. Case are accordingly disposed of. Issue urgent certified copy as per rules.