Research › Search › Judgment

Orissa High Court · body

2018 DIGILAW 772 (ORI)

Ehamat @ Sheikh Ahamat @ Fakir v. State Of Odisha

2018-08-28

S.K.SAHOO

body2018
JUDGMENT S.K. Sahoo, J. - Heard the learned counsel for the petitioner and learned counsel for the State. 2. The notice on opposite party no.2 is sufficient. 3. None appears on behalf of the opposite party no. 2. 4. The petitioner Ehamat @ Sheikh Ahamat @ Fakir has filed this application under section 482 of Cr.P.C., 1973 for quashing the criminal proceeding against him in C.T. Case No. 858 of 2012 arising out of Khantapada P.S. Case No. 111 of 2012 pending in the Court of learned S.D.J.M., Balasore. 5. It appears that on the first information report lodged by the opposite party no.2 Smt. Malati Das, Khantapada P.S. Case No. 111 of 2012 was registered under sections 363/366/34 of the Indian Penal Code against the petitioner. 6. This Court vide order dated 01.09.2014 taking note of the submission made by the learned counsel for the petitioner that the petitioner has married to the victim girl and both of them are residing together as husband and wife and leading a happy conjugal life, asked the victim girl to appear before the Investigating Officer and also directed the Investigation Officer to take immediate steps for production of the victim girl before the concerned Magistrate for recording her statement under section 164 Cr.P.C., 1973 7. Learned counsel for the State submitted that in pursuance of such dated 01.09.2014, the victim appeared before the Investigating Officer and her 164 Cr.P.C. statement has already been recorded. He placed the 164 Cr.P.C. statement recorded on 10.09.2014. After going through the statement of the victim, it appears that the victim stated her age to be twenty one years and she further stated about her love affairs with the petitioner since two and half years prior to the date of recording of her statement and further stated that she eloped with the petitioner and both of them got married at Kolkata and stayed together as husband and wife and she was blessed with a child and leading a happy conjugal life. The birth certificate of the child has been annexed to the petition as Annexure-2. 8. After going through the 164 Cr.P.C. statement of the victim, I find that the ingredients of the offences under which the F.I.R. has been registered are not attracted. 9. The birth certificate of the child has been annexed to the petition as Annexure-2. 8. After going through the 164 Cr.P.C. statement of the victim, I find that the ingredients of the offences under which the F.I.R. has been registered are not attracted. 9. Considering the submissions made by the learned counsels for the respective parties and the 164 Cr.P.C. statement of the victim, I am of the humble view that the continuance of the criminal proceeding against the petitioner would not be in the interest of justice. 10. Therefore, I am inclined to invoke my inherent powers under section 482 of Cr.P.C., 1973 and quash the criminal proceeding against the petitioner in C.T. Case No. 858 of 2012 arising out of Khantapada P.S. Case No. 111 of 2012 pending in the Court of learned S.D.J.M., Balasore. Accordingly, the CRLMC application is allowed.