Pravakar Mallik and Others vs State of Orissa and Others

A.K. Samantaray, J.—Heard Learned Counsel for the Petitioners, learned-counsel for opposite party No. 2. Smt. Nirupama @ Rina Mallik and learned Addl. Standing Counsel.

This application u/s 482, Code of Criminal Procedure has been filed to quash the order of cognizance dated 28.9.2004 taken by learned J.M.F.C., Pattamundai in G.R. Case No. 353 of 2003 for the offence under Sections 363,366, 109/34, I.P.C.

The case was registered by the police on the FIR of one Abhaya Mallik, father of opposite party No. 2, on the allegation of forcibly kidnapping of his daughter by the Petitioner and Ors. on 11.9.2003. After the police investigated the case submitted charge sheet as noted above and on submission of charge sheet on 28.9.2004 learned J.M.F.C. took cognizance of the offences and directed issuance of summons against all the Petitioners who were arrayed as accused in the said charge sheet for their appearance. It is submitted that after Petitioner No. 3 and opposite party No. 2 left the village on consent they got married before the Marriage Officer, Kendra Para on 12.1 2005 and the marriage has been registered by the said officer and to that effect there is absolutely no dispute. It is stated that prior to the registering of the marriage before the Marriage Officer, Petitioner No. 3 and opposite party No. 2 were living peacefully as husband and wife and after getting married in different forms and there is absolutely no difference between them and that is also apparent from Annexure-3, the affidavit sworn by O.P. No. 2. On the aforesaid premises it is submitted that since both Petitioner No. 3 and opposite party No. 2 are living peacefully as husband and wife and living a happy conjugal life this criminal proceeding should not continue any further and the cognizance order dated 28.9.2004 should be quashed to put an end to this criminal proceeding. Regarding being had to the above submission and the factual position put forth, I think that no useful purpose would be served if this criminal proceeding would be allowed to continue and as such I quash the order of cognizance dated 28.9.2004 passed by learned J.M.F.C., Pattamundai and also quash the criminal proceeding Le. G.R. Case No. 353 of 2003 in the interest of justice.

With the above direction and observation the CRLMC is disposed of. UCC of the order be granted on proper application.