Siba Mallik vs State of Orissa

B.K. Nayak, J.—Heard Learned Counsel for the Petitioner, Learned Addt. Standing Counsel and Learned Counsel appearing on behalf of Opp. Party No. 2 Despite service of notice, Opp. Party No. 3 (Informant) has not entered appearance. Perused the records.

In this application u/s 482 Cr.P.C. the Petitioner prays for quashing the order of cognizance dated 20.3.2010 as well as the proceeding in G.R. Case No. 624 of 2008 pending on the file of the Learned J.M.F.C., Chandikhole. The aforesaid case arises out of the F.I.R. lodged by Opp. Party No. 3, the father of Opp. Party No. 2 alleging that the Petitioner kidnapped Opp. Party No. 2, a minor girl. On the basis of charge sheet, cognizance was taken for the offences under Sections 363/ 366 I.P.C.

It is stated that at the time of alleged occurrence, Opp. Party No. 2 was not a minor but a major girl and she was in love with the Petitioner and she voluntarily eloped with him and both of them got married at the Chandaneswar Temple, Madhuban with their own sweet will and that in the meantime, they have been blessed with a daughter born out of their wedlock and that no useful purpose will be served by allowing the proceeding in the G.R. Case of continue any further as Opp. Party No. 2 herself does not want to proceed with the case being in love with the Petitioner.

Opp. Party No. 2 has appeared through her Counsel and filed an affidavit before this Court stating therein that she belongs to ''Gopa'' cast whereas the Petitioner is ''Pana'' by caste but was in love with him, but her family members were opposing. Therefore, she voluntarily eloped with the Petitioner and married him at Chandneswar Temple, Madhuban and out of their wedlock a daughter has been born who is now 15 months old. She is leading a happy conjugal life with the Petitioner and as because the Petitioner is a lower caste, her father is opposing their relationship and filed the F.I.R. In her statement recorded u/s 164 Cr.P.C. by the Learned J.M.E.C. Chandikhole, she has also stated that she voluntarily eloped with the Petitioner being in love with him and married him.

It further appears that even though Opp. Party No. 2 being recovered from the custody of the Petitioner was directed by the Court below to be kept in a short stay home, in CRLMC No. 1280 of 2010 by Order Dated 19.5.2010. this Court taking the facts and circumstances of the case into consideration, particularly that of the marriage between the Petitioner and Opp. Party No. 2 and the birth of female child, allowed Opp. Party No. 2 to stay with the Petitioner.

In a similar case where a girl being in love with the accused-body eloped with and both got married and were blessed with child even though the informant, who was the father of the girl, did not appear despite notice, the Apex Court in the case of (2000) 10 SCC 10 in the case of Fazle Gaffar Khan and Ors. v. State of W.B. and Anr., quashed the prosecution initiated against the accused-husband.

Following the aforesaid decision, I consider it to be a fit case where the prosecution against the Petitioner should be quashed in order to secure the ends of Justice.

Accordingly the order of cognizance as well as the entire proceeding in G.R. Case No. 624 of 2008 pending on the file of the Learned J.M.E.C. Chandikhole is quashed. The CRLMC is accordingly allowed.