JUDGMENT : Prashant Kumar, J. This writ application has been filed for quashing the entire criminal proceeding arising out of Mango (Olidih) P.S. Case No. 209 of 2012, corresponding to G.R. No. 1258 of 2012 under sections 363 and 336 of the Indian Penal Code, pending in the court of Judicial Magistrate, Jamshedpur. 2. It appears that one Uday Shankar Tiwari filed a written report, before the Officer-in-Charge, Mango (Olidih) Police Station, alleging therein that on 09.05.2012 at about 8.30 P.M. accused Sk. Anwar kidnapped his daughter namely, Manisha Kumari (petitioner) on the allurement of marriage. On the basis of aforesaid written report Mango (Olidih) P.S. Case no. 209 of 2012 dated 10.05.2012 under sections 363 and 366 of the Indian Penal Code instituted and police took up investigation. 3. The present petitioner, Manisha Kumari @ Aisha Firdus claimed herself to be the wife of accused Sk. Anwar out of her own sweet Will. She stated that she is major and she went to the house of Sk. Anwar. She -2-further stated that she was in love with Sk. Anwar and she requested her father (informant) to give consent for their marriage. But her father denied, therefore, she out of her own sweet Will went to the house of Sk. Anwar at Jajpur in the State of Orissa and, there she married with Sk. Anwar. She further stated that she is major and she has all right to choose her husband. She further stated that since she went to the house of accused Sk. Anwar out of her own sweet Will and married with him, therefore no offence under section 363 and 366 of the Indian Penal Code made out. Accordingly, she prayed that the F.I.R. as well as entire criminal proceeding instituted against Sk. Anwar be quashed. 4. A counter affidavit has been filed by the respondent-State. In that counter affidavit, the State has admitted that during the investigation the age of the petitioner was found 18 years. It is worth mentioning that even informant disclosed in the F.I.R. that petitioner is aged about 18 years. Thus, it is clear that on the date of occurrence, petitioner was major and eligible for marriage. Petitioner has annexed the marriage certificate, issued by Marriage Officer, Jajpur under section 13 of the Special Marriage Act (Annexure-4), which shows that petitioner married with Sk. Thus, it is clear that on the date of occurrence, petitioner was major and eligible for marriage. Petitioner has annexed the marriage certificate, issued by Marriage Officer, Jajpur under section 13 of the Special Marriage Act (Annexure-4), which shows that petitioner married with Sk. Anwar on 30.08.2012 at Jajpur (Orissa) in presence of three witnesses. 5. From the aforesaid facts narrated herein above, it is clear that there is no dispute that petitioner was major at the relevant time. Thus, she is free to marry with anyone she likes. It further appears that at present petitioner is living in the house of Sk. Anwar as his wife and due to their wedlock, she has been blessed with a female child. She made allegation that her father, respondent no.3, had lodged F.I.R. against her husband Sk. Anwar with a view to take revenge from her husband, because petitioner decided to marry with Sk. Anwar against his Will and wishes. Thus, no offence made out under sections 363/366 of the Indian Penal-3-Code. The aforesaid allegation has not been denied by respondent no.3, though he appeared in this case through an advocate. 6. It is submitted by learned counsel for the petitioner that Hon'ble Supreme Court in Lata Singh. Vs. State of U.P. and another" reported in (2006) 5 SCC-475 has quashed the entire criminal proceeding instituted against the husband under section 3666/368 of the Indian Penal Code on the application of the wife, wherein she stated that that she married with her husband out of her own sweet Will. Accordingly, it is submitted that the facts of the present case squarely covered by the aforesaid judgment of the Hon'ble Supreme Court. Thus, learned counsel submitted that criminal proceeding instituted against the husband of the petitioner may be quashed. 7. Learned Standing Counsel no. II appearing for the State opposed the aforesaid prayer. 8. From perusal of the facts of this case, I find that the case is fully covered by the judgment of Hon'ble Supreme Court in Lata Singh's Case ( Supra ). In the said judgment, their Lordships held as follows : 14."This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. In the said judgment, their Lordships held as follows : 14."This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband's relatives." 15." We are of the opinion that no offence was committed by any of the accused and the whole criminal case in question is an abuse of the process of the court as well as of the administrative machinery at the instance of the petitioner's brothers who were only furious because the petitioner married outside her caste. We are distressed to note that instead of taking action against the petitioner's brothers for their unlawful and high-handed acts (details of which have been set out above), the police has instead proceeded against the petitioner's husband and his relatives." 9. In the instant case also there is no dispute that petitioner was major at the relevant time. Thus, she is free to marry and live with anyone. She -4-further stated that she went to the house of Sk. Anwar at Jajpur ( Orissa) out of her own sweet Will. In that view of the matter, I find that no offence made out against the husband of the petitioner and/or his relatives. Thus, continuation of criminal proceeding against the husband of the petitioner and his relatives is an abuse of the process of court. 10. In view of the discussions made above, this application is allowed and the entire criminal proceeding pending against the husband of the petitioner namely, Sk. Anwar and his relatives in connection with Mango (Olidih ) P.S. case no. 209 of 2012 corresponding to G.R.No.1258 of 2012 pending in the court of Judicial Magistrate, Jamshedpur is quashed.