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2008 DIGILAW 414 (PAT)

Bidyanand Mandal @ Bidiyanand Mandal v. State Of Bihar

2008-02-27

SYED MD.MAHFOOZ ALAM

body2008
Judgment 1. A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. 2. Heard learned Advocate of the petitioners as well as learned A.P.P. forthe State. 3. Petitioner no.1 Bidyanand Mandal @ Bidiyanand Mandal is present in Court. The victim girl, namely, Smt. Shanti Kumari is also present in Court with a child aged about 11 months old. The victim (Shanti Kumari) informed the Court that she had performed marriage with petitioner no.1 with her free will and consent. She told that marriage was performed on 29.6.2004 in a temple (Brahmasthan) and from the wedlock she had given birth to a female child in the month of March, 2007 who is in her lap. She has informed the Court that she has been residing with her husband and leading a happy conjugal life and it is not a fact that her husband had kidnapped her. She also informed the Court that her grand-father had instituted this criminal case against her husband and his relatives on false and incorrect allegation. 4. The learned Advocate of the petitioners submitted that the petitioners, who are said to be the husband and relatives of the husband of the victim girl Shanti Kumari, have filed this application for quashing of the first information report of Andharatharhi P.S. Case No. 51 of 2004 (G.R. No. 453 of 2004) instituted under Sections 341, 376/511, 379/. 34 of the Indian Penal Code and charge-sheet no.11/2007 dated 11.1.2007 submitted in the said case by the police. 5. It has further been submitted by the learned Advocate that as per the statement of the victim girl Shanti Kumari orally made before this Court, she had performed marriage with the petitioner no.1 with her free will and consent and presently, both the couples are leading a happy conjugal life and, therefore, in the interest of the victim girl, the first information report as well as charge-sheet of the abovementioned case should be quashed. He further submitted that the statement of the victim girl shows that the case was instituted on false and fabricated allegation. 6. He further submitted that the statement of the victim girl shows that the case was instituted on false and fabricated allegation. 6. The learned Additional Public Prosecutor appearing on behalf of the State submitted that the victim girl has stated before this Court that she had performed marriage with petitioner no.1 with her free will and consent and the allegation levelled in the first information report is incorrect, as such he has got no objection if this application for quashing is allowed. 7. In view of the fact that the statement of the victim girl falsifies the entire allegation levelled in the first information report and the statement of the victim girl establishes that she had performed marriage with petitioner no.1 with her free will and consent and her appearance shows that she is leading a happy conjugal life besides this fact that she had got a female child from petitioner no.1, I am of the view that in the interest of the victim girl, the first information report of Andharatharhi P.S. Case No. 51 of 2004 alongwith charge-sheet No.11/2007 should be quashed and further proceeding of the said case bearing G.R. No. 453 of 2004 should be ordered to be dropped. 8. In the result, I find merit in this quashing application and as such, the same is hereby allowed. Accordingly, the first information report of Andharatharhi P.S. Case No. 51 of 2004 and charge-sheet no.11/2007 dated 11.1.2007 submitted in connection with the said case are hereby quashed and further proceeding of G.R. Case No. 453 of 2004.is ordered to be dropped so far as these petitioners are concerned. 9. Accordingly, this application for quashing is allowed.