SURAJIT PATRA AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Misc. Case has been filed invoking the inherent jurisdiction of this Court with a prayer to quash the entire proceeding initiated on the basis of FIR lodged in Rourkela Sector -3 P.S. registered subsequently as G.R. Case No. 961 of 2001 and pending before the S.D.J.M., Pan posh, Rourkela.

(2.) THE FIR was lodged on 3 -6 -2001 by the present opposite party No. 2, father of Petitioner No. 2 Sunita Patra @ Mohanty, alleging that - Petitioner No. 1 Surajit Patra along with his father and brother on 12 -4 -2001 took away his daughters Sunita when she had been to college and that in spite of his best efforts he could not trace out her daughter Sunita. On the basis of the said FIR, Rourkela Sector - 3 P.S. Case No. 46 of 2001 was registered which was subsequently converted to the aforesaid G.R. Case..

(3.) OPPOSITE Party No. 2, father of Sunita had also filed OJC No. 6196 of 2001 before this Court on the basis of the self -same allegation with a prayer for issuance of a Writ of Habeas Corpus for production of his daughter Sunita. In consonance with the direction issued by this Court, Petitioner No. 1 Surajit Patra and Petitioner No. 2 Sunita and the father and brother of Petitioner No. 1 appeared in Court personally. The present opposite party No. 2, the Petitioner in the Writ Petition also appeared personally in Court. In course of hearing, an affidavit sworn to by Sunita was filed wherein she stated on solemn affirmation that she was twenty years old and she had married Surajit on 27 -3 -2001, the marriage having taken place at a religious institution at Surali. The Marriage Certificate, the Notarial Certificate and a joint affidavit sworn before the Notary in support of their marriage were also annexed to the affidavit dated 8 -10 -2001 filed by her. In the affidavit she further affirmed that she was in love with Surajit and that though her father initially agreed to her marriage with Surajit, subsequently he wanted to give her in marriage to one Dhira who was an uneducated person and addicted to intoxication. Coming to know such fact, she declined to marry Dhira and entered into the wedlock with Surajit. The allegations made by her father that she was kidnapped and was confined at a secret place were stoutly denied by her. It was asserted in the affidavit that she wanted to stay with her husband whom she had married out of her own accord and free will. Sunita was identified by her father in Court. In presence of her father, some questions were put to Sunita in Court which she replied by writing in Oriya in separate slips which were kept on record. According to Sunita, she was born on 7 -3 -1983. She had married Surajit on 27 -3 -2001 and on the date of her marriage she was twenty years old and that she was residing with her husband out of her free will. Nobody had forced her and she wanted to stay with her husband and the members of her in -law's family.