Niranjan Behera vs State of Orissa and Others

L. Mohaptra, J.—Heard Learned Counsel for the Petitioner and the learned Adl. Standing Counsel.

This application u/s 482 Code of Criminal Procedure. has been filed for quashing the proceeding in G.R. Case No. 318 of 1998 pending in the Court of learned J.M.F.C., Pattamundai.

As it appears, the Petitioner is an accused in the G.R. Case. The case was registered on the allegation that on 9.3.1998 the Petitioner kidnapped on, Nirupama Behera, daughter of the informant. It was alleged in the F.I.R. that while leaving the house said Nirupama Behera has taken cash of rupees ten thousand, one ring, one ear-ring and one gold chain with her. After investigation charge-sheet has been submitted against the present Petitioner for commission of offence under Sections 363 and 366 of the Penal Code. The learned Magistrate by order dated 14.2.2003 took cognizance of the said offences and issued N.B. W. against the Petitioner. Shri Biswal, Learned Counsel for the Petitioner, submits that the Petitioner and the victim girl, daughter of the informant have married in the year 1998 and have been blessed with two children and therefore the proceeding should be quashed.

By order dated 14.2.2003 this Court had directed the learned Addl. Standing Counsel to take instruction as to whether the submission made by the Learned Counsel for the Petitioner that the Petitioner and Nirupama Behera have married were and staying together is correct or not. On instruction the learned Addl. Standing Counsel submits that the parties got married in the year 1998 and have been blessed with two children, one daughter aged about four years and one son aged about one year and also maintaining happy conjugal life.

In view of the above, I am of the view that continuance of the proceeding will be of no use. Learned Addl. Standing counsel submits that the victim girl on the date of occurrence may be a minor. Reliance is placed by the Learned Counsel for the Petitioner in a decision of the Apex Court in the case of Fazle Gaffar Khan and Ors. v. State of West Bengal and Anr., reported in 200 SCC (Cri) 686. The Apex Court, in the said case also quashed the proceeding even though the victim girl was minor on the date of occurrence. I'', therefore, relying on the said decision, quash the proceeding in G.R. Case No. 318 of 1998 pending in the Court of learned J.M.F.C., Pattamundai.

Crl. Misc. Case is disposed of.

Urgent certified copy of the order be granted on proper application.