ASHWINI KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State as well as the learned counsel for the opposite party No. 2. This application under Section 482 Cr.P.C. has been filed for quashing the proceeding in G.R.Case No. 380 of 2003 pending in the Court of the S.D.J.M., (Sadar), Cuttack.

(2.) THE case was registered for commission of offences under Sections 363 and 364(A) of the Indian Penal Code. In the meantime, three years have passed. The victim Usha Saha alias Behera has filed an affidavit stating that she had affair with the petitioner No. 1 and they got married in a Jagannath Temple, New Delhi. After marriage, she is leading with a happy conjugal life with the petitioner No. 1. The informant has filed an affidavit stating that the petitioner No. 1 and the victim are now living as husband and wife and they have blessed with a child and that she is no more interested to proceed with the case any further. From the record, it appears that the victim girl was a minor at the time of offence committed. The apex Court in the case of Fazla Gaffar Khan and others v. State of West Bengal and another reported in 2000 SCC (Cri.) 686, under the similar circumstances, even if the girl was a minor, quashed the proceeding.