ASHOK KUMAR BEHERA Vs. BIRAKISHORE DAS AND ORS.

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure inter alia praying to quash the criminal proceeding in G. R. Case No. 318 of 1999 pending before the J.M.F.C., Salipur. On the basis of an FIR lodged by opposite party No. 1 alleging that the petitioner had kidnapped his daughter opposite party No. 2, the said G. R. Case had been initiated. After investigation police submitted charge -sheet against the petitioner. Before the J.M.F.C., Salipur, the petitioner filed a petition to drop the aforesaid criminal proceeding against him on the ground that in fact there was love affairs between him and opposite party No. 2 and opposite party No. 2 out of own volition had come away with the petitioner. The allegation of kidnap was strongly repudiated. It was further averred that the petitioner and opposite party No. 2 have married in accordance with the caste custom and both of them are leading a blissful conjugal life. The said petition having been rejected by the Court below on 21.10.2003, the petitioner has approached this Court.

(2.) OPPOSITE party No. 2 has appeared in the case and has filed an affidavit mostly admitting the assertion of the petitioner. On solemn affirmation she has stated that out of her own volition and without being coerced by anybody she had gone with the petitioner and in the meanwhile the petitioner and herself having married each other she has accepted the petitioner as her husband. She has stated that she was a major being twenty six years of age and the FIR lodged by her father opposite party No. 1 was under misconception.

(3.) THE facts and circumstances narrated above clearly reveal that the informant opposite party No. 1 after realising the true facts is no more interested in the prosecution of the petitioner. Opposite party No. 1 has also admitted that the petitioner and opposite party No. 2 have married and they are leading a blissful married life. Thus none of the ingredients of Section 376, IPC are satisfied in this case. In view of the statement of opposite party No. 1 that he is no more interested in prosecution of the petitioner, I feel that there is bleak chance of any conviction of the petitioner. Even otherwise, continuance of the criminal proceeding would rather cause a dent in the blissful married life of the petitioner and Opposite party No. 2 and the same would be an abuse of the process of law. In view of the ratio of the decision of the Apex Court reported in the case of Fazie Gafar Khan and Ors. v. State of W.B. and Anr., 2000 (1) SCC 686, earlier followed by this Court in a number of cases, I have no hesitation to quash the criminal proceeding as prayed for.