HEMANTA KUMAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure. has been filed by the Petitioner with a prayer to quash the proceeding in G.R. Case No. 9 of 2005 pending in the Court of J.M.F.C., Pattamundai.

(2.) The brief facts of the case are that one Khiroda Kumar Samal -O.P. No. 2 lodged an F.I.R. on 12.1.2005 alleging therein that the Petitioner had kidnapped his minor daughter and in pursuance thereto, G.R. Case No. 9 of 2005 has been registered in the Court of J.M.F.C., Pattamundai.

(3.) Mr. Sangam Kumar Sahoo, Learned Counsel for the Petitioner submits that the allegation contained in the F.I.R. is false and fabricated. According to him Arnapurna Rout @ Samal @ Liva (O.P. No. 3) was major and not a minor, as alleged and since she was in love with the Petitioner, both of them decided to marry each other and accordingly, Opposite Party No. 3 left her lawful guardian and got married with the Petitioner on 25.1.2005 in accordance with Hindu rites and customs and since then the Petitioner and Opposite Party No. 3 are living as husband and wife.