BHAGABAN ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the informant as well as the learned Additional Government Advocate.

(2.) Petitioner nos.1 and 2 are the parents of petitioner no.3. All the petitioners are accused persons in G.R. Case No.1031 of 2012 in the Court of the J.M.F.C., Dhamnagar. Prayer has been made in this proceeding to quash the order taking cognizance on 5.12.2015 by the learned J.M.F.C., Dhamnagar for the offence under section 363/366/506 read with section 34 of Indian Penal Code for which the FIR was lodged by the father of the victim vide Dhamnagar P.S. Case No.109 dated 20.6.2012.

(3.) The informant has filed affidavit vide Annexure-'B' stating that his daughter - victim had married out of love to petitioner no.3 and without knowing such fact he filed the FIR. The victim herself in her statement recorded under section 164 Cr.P.C. has admitted such marriage which was solemnized on 1.6.2012 at Kolkata. She has also stated that they were blessed with a son on 28.9.2013. It is advanced that the parties have been residing happily in their marital home and because of that the continuance of the criminal proceeding would be an abuse of the process of the court.