SAROJ KUMBHAR @ MANI KUMBHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed with a prayer for quashing Tangarpali P.S. Case No. 08/2011 dated 19.02.2011 corresponding to G.R. Case No. 215/2011 pending in the Court of learned S.D.J.M., Panposh registered under Section 363 of the Indian Penal Code. Petitioner's case in a nutshell is that as per the information lodged by one Ekna Das, Police has registered Tangarpali PS Case No. 08/2011 dated 19.02.2011. Corresponding to said P.S. Case, G.R. Case No. 215/2011 is registered and pending in the Court of learned S.D.J.M., Panposh under Section 363 of the Indian Penal Code. Case of the prosecution is that on 31.01.2011, the informant's daughter of 17 years, while going to her friend's house was kidnapped by the petitioner. Apprehending her life and welfare, the information was lodged on receipt of which the Police registered the case and took up investigation of the matter.

(2.) Mr. Santanu Ku. Sarangi, learned counsel appearing on behalf of the petitioner submits that the FIR is totally false, misleading and wrong. Satyabhama, the daughter of the informant was more than 17 and half years of age as per the FIR. The petitioner and Satyabhama were in love and decided to marry to each other. Now, they are married and a female child has been begotten on 29.09.2012 out of their wedlock and they are living happily. Materials available on record prima facie do not fulfil the ingredients of offence alleged against the petitioner. No specific over act is alleged against the petitioner. The allegation is made in an omnibus manner. The petitioner believed that a false case has been foisted for the reasons best known to the informant. The petitioner has been falsely implicated in the case. Therefore, further continuation of the case would amount to an abuse of process of law. Ends of justice also demands that the entire criminal proceedings be dropped. In the interest of justice and equity, it is expedient to quash the Tangarpali PS Case No. 08/2011 dated 19.02.2011 corresponding to G.R. Case No. 215/2011 pending in the Court of learned S.D.J.M., Panposh.

(3.) In course of hearing, Mr. A. Mohanty, learned counsel for opposite party No. 2 files a memo along with two affidavits. In the affidavit dated 30.01.2013, opposite party No. 2-Ekna Das stated that he was the informant in the above case. While lodging the FIR on 31.01.2011, he had given the age of his daughter on the basis of the date recorded in the High School Certificate. At the time of admission in School her age was given less, but the actual age was more than 18 years at the time of occurrence. His daughter and the petitioner have married and begotten a child on 29.09.2012. They are leading a happy and peaceful conjugal life and they have been accepted by their respective families and the society. In affidavit dated 01.02.2013, Satyabhama Das alias Kumbhar, aged about 21 years, wife of Mani alias Saroj Kumbhar, resident of Narayani Market, Fertilizer Township PS: Tangarpali, PO: Rourkela 7, Dist: Sundargarh stated that she has married to the petitioner on 15.02.2011 while she was major. Her father at the time of her admission in the School has reduced her age by putting another date of birth which shows that she was minor while she got married to the petitioner. She was in love with the petitioner and fled away with him as her father was intending to give her marriage with another person which was against her will. Since she fled away with the petitioner, her father filed FIR on the basis of which the above PS Case as well as corresponding G.R. Case was registered. Now, she is leading, a happy married conjugal life and blessed with a daughter on 29.09.2012 and her parents have accepted both her and her husband. Learned counsel for opposite party No. 2 submits that opposite party No. 2 is no more interested for further prosecution of the case.