SIBA MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioner, Learned Addl. Standing Counsel and Learned Counsel appearing on behalf of Opp. Party No.2 Despite service of notice, Opp. Party No.3 (Informant) has not entered appearance. Perused the records.

(2.) IN this application under Section 482 Cr.P.C the Petitioner prays for quashing the order of cognizance dated 20.3.2010 as well as the proceeding in G.R. Case No. 624 of 2008 pending on the file of the Learned J.M.F.C., Chandikhole. The aforesaid case arises out of the F.LR lodged by Opp. Party No.3, the father of Opp. Party No.2 alleging that the Petitioner kidnapped Opp. Party No.2, a minor girl. On the basis of charge sheet, cognizance was taken for the offences under Sections 363/366 I.P.C.

(3.) IN a similar case where a girl being in love with the accused -body eloped with and both got married and were blessed with child even though the informant, who was the father of the girl, did net appear despite notice, the Apex Court in the case of Fazle Gaffar Khand and others v. State of West Bengal and another, reported in 2010 SCC (Crl.) 686 quashed the prosecution initiated against the accused -husband.