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2006 DIGILAW 75 (ORI)

SUSILA MALIK v. STATE OF ORISSA

2006-01-27

L.MOHAPATRA

body2006
JUDGMENT : L. Mohapatra, J. - Heard Learned Counsel for the Petitioners, Learned Counsel for the Opposite Party No. 2 and the Learned Counsel for State. 2. In this application u/s 482, Code of Criminal Procedure the Petitioners have prayed for quashing the G.R. Case No. 1217 of 1993 pending in the Court of Learned S.D.J.M., Jajpur. Case of the Petitioner is that the Petitioner No. 1 was in love with the opposite party No. 2 and they had decided to marry. Since the parents of the opposite party No. 2 objected to such marriage, she came out from her house and married the Petitioner No. 1 in a temple. In the meantime, it is stated that, they have been blessed with three children. 3. From the statement of the opposite party No. 2 recorded u/s 164, Code of Criminal Procedure, it appears that the opposite party No. 2 at the relevant time was 24 years old and she had affair with the Petitioner No. 1 two years prior to marriage. She has stated in her statement that when she informed her parents about the affair and her intention to marry, the parents did not agree as a result of which on her own she left the house and married the Petitioner No. 1 in Biraja temple and thereafter they have been living happily as husband and wife. An affidavit has been filed before this Court by the opposite party No. 2 stating that marriage took place on 15.10.1993 and in the meantime they have been blessed with three children. In view of the above, it is clear that on the date the opposite party No. 2 left the house she was a major and on her own she has not only left the house but also married the Petitioner No. 1 and in the meantime they have been blessed with three children. I, therefore, do not think that any useful purpose will be served by allowing the G.R. Case to continue any further. 4. Accordingly, this application is allowed and the proceeding in G.R. Case No. 1217 of 1993 pending in the Court of Learned S.D.J.M., Jajpur is quashed. The affidavit filed by the opposite party No. 2 before this Court be kept on record. Urgent certified copy of the order be granted on proper application. Application allowed. Final Result : Allowed