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2006 DIGILAW 728 (ORI)

RAJU ` DAMBARUDHAR BISWAL v. STATE OF ORISSA

2006-10-23

A.S.NAIDU

body2006
JUDGMENT : A.S. Naidu, J. - Heard 2. This is an application u/s 482 of the Code of Criminal Procedure with a prayer to quash proceeding of G.R. Case No. 429/2001 pending in the Court of Learned S.D.J.M., Balasore. The said G.R. Case was registered on the basis of an F.I.R. lodged by Panchanan Padhi, Opp. Party No. 2 alleging that his daughter was missing from the house. It was further alleged that from liable sources he could come to know that the accused Petitioner who happens to be his neighbour has kidnapped his daughter with some ulterior motive. Police registered the case and took up investigation. While matters stood thus, a writ application was filed by the informant, Opposite Party No. 2, challenging the inaction of the police in not securing his minor daughter and a prayer was made to rescue her. In course of hearing of the writ application the whereabouts of the girl was traced out and this Court by order dtd. 16.9.2005 directed that she should be produced before the concerned Police Station and steps should be taken for recording her statements u/s 164 Code of Criminal Procedure 3. It is pertinent to mention that the Petitioner who was Opp. Party No. 6 in before the writ petition took the stand that the victim girl was a major and both of them loved each other and in the meanwhile they have married and are living as husband and wife. The Division Bench therefore directed the Petitioner to produce his wife before the O.I.C. and directed the O.I.C. to produce her before competent Magistrate to get her statement recorded in the pending G.R. Case. It is submitted that in consonance with the said direction, the victim girl, Smt. Malika Biswal, the daughter of the informant, was produced before the Learned Magistrate on 29.9.2004. In her statement recorded u/s 164 of Code of Criminal Procedure she stated that out of her own sweet will she left her parental house in the year 2001 and is staying with the present Petitioner. She has married the Petitioner and out of the wed luck a daughter has been born. She also stated that both of them are leading a blissful married life. This Court after perusing the statements of the victim girl recorded u/s 164 Code of Criminal Procedure disposed of the writ application by order dated 17.10.2006. 4. She has married the Petitioner and out of the wed luck a daughter has been born. She also stated that both of them are leading a blissful married life. This Court after perusing the statements of the victim girl recorded u/s 164 Code of Criminal Procedure disposed of the writ application by order dated 17.10.2006. 4. After hearing Learned Counsel for the Petitioner, Learned Counsel for the informant and after perusing the statements of the victim girl recorded u/s 164 Code of Criminal Procedure and the orders passed by Division Bench of this Court in O.J.C. No. 12395/2001, in the light of the ratio of the decision of the Supreme Court in the case of Lata Singh Vs. State of U.P. and Another this Court feels that no useful purpose would be served in further continuance of the G.R. Case. At the other hand, prolonging the said litigation may cause a dent in the blissful married life of the accused-victim lady who have married in the meanwhile and blessed with a daughter. 5. In the aforesaid scenario, I quash the proceeding of G.R. Case No. 429/ 2001 pending in the Court of Learned S.D.J.M., Balasore and allow this CRLMC. Crl. MISC. allowed Final Result : Allowed