IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.4378 OF 2009 1. RASHID SHAMIM @ MUNNA, SON OF SHAMIM AHMAD 2. SHAMIM AHMAD, SON OF LATE NATHUNI SAH 3. MD. KHALID SHAMIM @ TUNNA, SON OF SHAMIM AHMAD 4. KALIM AHMAD @ MD. KALIM, SON OF LATE NATHUNI SAH ALL RESIDENT OF VILLAGE KARHATIA BUJURG, POLICE STATION GORAUL (KATHARA O.P.) DISTRICT VAISHALI VERSUS 1. THE STATE OF BIHAR 2. FIROZ ALAM, SON OF LATE ABDUS SALAM, RESIDENT OF VILLAGE KARHATIYA BUZURG, POLICE STATION GORAUL (KATHARA O.P.), DISTRICT VAISHALI ……………………………………………………..…………………OPPOSITE PARTIES ******** FOR THE PETITIONERS :- MR. AJAY, ADVOCATE MR. KRISHNA CHANDRA, ADVOCATE FOR THE OP NO. 2 :- MR. RAVINDRA KUMAR TIWARI, ADVOCATE FOR THE S T A T E :- MR. A.P.P. ********** 2 22/02/2010 The petitioner no. 1 Rashid Shamim @ Munna and his father, petitioner no. 2 Shamim Ahmad are present before this Court in chambers along with their Counsel. Counsel for the informant is also present. Rashid Shamim and Gazala Pravin are living together as husband and wife. Both are major and seem to be quite happy. They have two children out of their wedlock, namely Sana and Saba. Petitioner no. 2, the father-in-law of Gazala Praveen has no problem with his daughter-in-law. The marriage of petitioner no. 1 and Gazala Praveen was opposed for the reason that both of them belong to a different sub-caste.This Court is satisfied that 2 this is not a case of kidnapping or forcible retention of the victim girl. This application has been filed for quashing the order dated 04.12.2008 passed in Goraul Police Station Case No. 51 of 2006 by which the Chief Judicial Magistrate, Vaishali has taken cognizance of the offences under Section 366/34 of the Indian Penal Code. In view of the fact that petitioner no. 1 and Gazala Praveen, daughter of the informant, are happily married, both of them are above 18 and 22 years, the petitioner no. 1 is well settled and owns a cloth shop at Vaishali and is quite capable of looking after his wife and children. I do not think that it would be in the interest of justice to allow this Court to proceed in this case. In the result, the order dated 04.12.2008 passed in Goraul Police Station Case No. 51 of 2006 is hereby quashed. This application is allowed. Anand ( Sheema Ali Khan, J.)