JUDGMENT S.C. PARIJA, J. : Sri M.K. Mallick and associates enter appearance for the opposite party Nos.2 and 3 and files Vakalatnama in Court today, which be kept on record. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for opposite party No.2 and 3. This application under Section 482 Cr.P.C. has been filed praying for quashing of the criminal proceeding initiated against the petitioner in G.R. Case No.792 of 2008, arising out of Kendrapara P.S. Case No.324 of 2008, pending in the Court of learned S.D.J.M., Kendrapara, under Section 366-A I.P.C. The brief facts of the case is that the informant-opposite party No.2 lodged a written report before the I.I.C., Kendrapara police station, Kendrapara, which was registered as Kendrapara P.S. Case No.324 of 2008, alleging therein that his daughter, namely, Chandana Behera @ Chuma (opposite party No.3) who is aged about 15 years has been kidnapped by the petitioner in a motorcycle on 10.11.2008 at about 7.55 P.M. while he and his family members were watching television. When one of the known person saw the petitioner taking the opposite party No.3, he immediately contacted the opposite party No.2 but they could not locate her inspite of search at different places. The case of the petitioner is that the allegations made in the F.I.R. are false and fabricated. The petitioner and the victim girl (opposite party No.3) were in love relationship with each other and in the meantime they have attained majority and they have got married on 25.11.2008 at ‘Shree Shree Prasanna Khameswar temple’ in Bhadrak, as per the Hindu customs and rites in the presence of their friends and well-wishers. It is stated that the victim girl left her paternal house on her own free will and volition and now they are residing together as husband and wife and leading a happy conjugal life. It is further stated that the petitioner and opposite party No.3 have applied for registration of their marriage before the Marriage Officer, Kendrapara, receipt of which has been filed under Annexure-2 to the writ petition.
It is further stated that the petitioner and opposite party No.3 have applied for registration of their marriage before the Marriage Officer, Kendrapara, receipt of which has been filed under Annexure-2 to the writ petition. It is stated that after coming to know the real fact, the informant is regularly visiting the house of the petitioner along with his family members and there is cordial relationship between the two families and as the matter has now been amicably settled between the parties, the opposite party No.2 (informant) does not want to continue with the criminal proceeding against the present petitioner any further. It is accordingly submitted that no useful purpose would be served in allowing continuance of the criminal proceeding against the present petitioner, especially when the chances of his ultimate conviction are bleak. Learned counsel for the informant (opposite party No.2) with reference to the affidavit filed submits that his daughter (opposite party No.3) had left her parental house on her own sweet will as she was love with the petitioner and both of them got married at Shree Shree Prasanna Khameswar Temple in Bhadrak and they have applied for registration of their marriage before the Marriage Officer, Kendrapara. It is further stated in the said affidavit that the petitioner and opposite party No.3 (victim girl) are living together as husband and wife and leading a happy conjugal life. It is further stated in the said affidavit that as the matter has been amicably settled between the petitioner and the family members of the informant and there is a cordial relationship between the family, the informant does not want to proceed with the case against the petitioner any further and has no objection if the criminal proceeding initiated against the petitioner is quashed. The victim girl (opposite party No.3) in her affidavit had reiterated the fact that she was in love with the petitioner and both of them got married in Shree Shree Prasanna Khameswar Temple in Bhadrak and have applied for registration of their marriage before the Registration Officer, Kendrapara. It is further stated in the said affidavit that she is leading a happy married life with her husband (petitioner).
It is further stated in the said affidavit that she is leading a happy married life with her husband (petitioner). Considering the submissions made and keeping in view affidavits filed by the informant (opposite party No.2) and the victim girl (opposite party No.3) and the fact that both the petitioner and the victim girl are married and living together as husband and wife and leading a happy conjugal life and also the fact that the matter has been amicably resolved between the parties, I find no useful purpose would be served by allowing continuance of the criminal proceeding against the petitioner, especially when the chances of his ultimate conviction are bleak. Accordingly, the criminal proceeding initiated against the petitioner in G.R. Case No.792 of 2008, arising out of Kendrapara P.S. Case No.324 of 2008, pending in the Court of learned S.D.J.M., Kendrapara, under Section 366-A, I.P.C. and all consequential criminal proceedings are hereby quashed. CRLMC is accordingly disposed of. Issue urgent certificate copy as per rules. CRLMC disposed of.