Case Facts:
Patna High Court Cr.Misc. No.38147 of 2008 (10) dt.04-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38147 of 2008 ====================================================== Rakesh Kumar & Ors .... .... Petitioner/s Versus State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 10 04-07-2012 Heard counsel for the petitioner and counsel appearing on behalf of respondent no.2, i.e., the informant and counsel appearing for respondent no.3. A submission was made before this Court that the petitioner no.1 is happily married with Opposite Party no.3 and both are living together as wife and husband. As such, [STATUTE] is not made out. This Court accordingly issued notice to opposite party no.2. Then Opposite Parties no.2 and 3 appeared in this matter. They appeared in Chambers and after talking to the parties separately as well as together, this Court came to the conclusion that the husband and wife are living together and were happily married. This Court also came to the conclusion that girl was a major. The informant now does not object to the marriage. He has no grievance left against the daughter or the fact that she Patna High Court Cr.Misc. No.38147 of 2008 (10) dt.04-07-2012 married the petitioner no.1. Petitioner no.2 is the family member of petitioner no.1. The petitioners 2, 3 and 4 brother, father and mother of petitioner no.1. As the parties have reconciled their differences and have a cordial relation with each other, it would amount to abuse of process of law to allow the criminal proceedings to continue. Considering all these facts this Court quashes the order of cognizance dated 28.4.2006. This application is allowed. AnilKrSinha/- (Sheema Ali Khan, J)

Applicable IPC Section: 363

Statute Text:
Section 363 of the Indian Penal Code. Kidnapping. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.