JUDGMENT : A.S. Naidu, J. - Heard Mr. Panda, learned Counsel for the Petitioner and Mr. Mishra., learned Standing Counsel" 2. The Criminal Misc. Case has been filed invoking the jurisdiction u/s 482 of the Code of Criminal Procedure praying to quash the order of cognizance dated 25.7.1997 passed by the learned Sub-Divisional Judicial Magistrate, Khurda in G.R. Case No. 150 of 1996. 3. The Petitioners face the aforesaid criminal proceeding on the charge of kidnapping one Snehanjali Mishra. On the basis of an F.I.R. lodged by the mother of the victim girl, the aforesaid proceeding under Sections 366, 376 read with Section 34 I.P.C. was initiated against the Petitioners. 4. It is submitted by Mr. Panda, learned Counsel for the Petitioners, that the victim girl Snehanjali Mishra was 19 years of age and was a major. She had affairs Will Petitioner No. 1 and out of her own sweet will she left with the accused persons. It is further submitted that in the meanwhile, Petitioner No. 1 has married said Snehanjali Mishra on 22.4.96 under the Special Marriage Act, 1954 before the Marriage Officer, Kalahandi. In support of such statement, an affidavit sworn to by Snehanjali Mishra alias Umma Habiba is filed in Court. It is further submitted that in the meanwhile Petitioner No. 1 and said Snehanjali have been blessed with a male child out of their wedlock. On the basis of the aforesaid facts and circumstances the present petition is filed invoking the jurisdiction of this Court u/s 482 Code of Criminal Procedure with a prayer to quash the proceedings. I have carefully perused the affidavit filed by the victim lady. It is also apparent from the F.I.R. that she was 19 years on the date on which she is alleged to have been taken away by the Petitioners. As stated earlier, the parties have not only entered into marital tie in consonance with the Special Marriage Act, but also have been blessed with a child. In view of the fact that the marriage is admitted and is conducted under the Special Marriage Act followed by the regular marriage under the Mohammedan Law and in view of the fact that the couple have been blessed with a son, relying on the ratio of the decision of the Apex Court in the case of Fazle Gaffar Khan and Ors. v. State of W.B. and Anr. v. State of W.B. and Anr. 2000 S.C.C. (Cri) 686, I have no hesitation to allow the Crl. Misc. Case and quash further proceeding of G.R. Case No. 150 of 1996 pending in the Court of the Sub-Divisional Judicial Magistrate, Khurda. The Crl. Misc. Case is accordingly allowed. 5. Urgent certified copy of the order be given on proper application. Final Result : Allowed