IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.695 of 2007 EJAZ AHMAD @ AARZOO, son of Md. Reyazuddin, presently Resident of House of Md. Hashim Mian, Jalwa Toli, Opp. Taj Hotel, Towards 112/1 M.g. Road, P.S. Jorasan, Kolkata, resident of House of Md. Hashim Mian, Mohalla Hanafa Tola, Village & P.S. Roh, District- Nawadah. ……Petitioner. Versus 1. The State of Bihar, through Director General of Police, Patna (Bihar) 2. Nasima Khatoon, wife of Md. Atharuddin, resident of Mirgah Toli, Nawadah, Dist. Nawadah. 3. Afsana Praveen, wife of Ejaz Ahmad, daughter of Nasima Khatoon, resident of House of Md. Hashim Mian, Jalwa Toli, Opp. Taj Hotel, Towards 112/1, M.G. Road, P.S. Jorasan, Kolkata. 4. Superintendent of Police, Nawadah. …..Respondents. ----------- 05. 18.02.2009 In the instant writ application the petitioner prays for quashing the prosecution relating to Nawadah Town P.S. Case No. 237 of 2007 dated 25.06.2007 for the offences under Sections 366 and 363 of the Indian Penal Code. It is submitted that earlier a Complaint Case no. 341 of 2007 was lodged by the father of the girl under Sections 366A, 364A and 368/370 of the Indian Penal Code. In the aforesaid case a report was called for from the police. It would appear from the aforesaid report that the parents of the victim girl wanted to marry their elder daughter with the petitioner. However this petitioner and the younger daughter of Afsana Praveen had developed liking for each other and they contracted marriage. The mother of Afsana Praveen filed one more complaint bearing Complaint Case No. 486 of 2007 - 2 - under Sections 366A, 364A and 368/370 of the Indian Penal Code which was dropped. The petitioner has filed supplementary affidavit annexing a copy of the statement of the girl under Section 164 of the Code of Criminal Procedure recorded pursuant to the order dated 02.11.2007. The girl in her statement stated that she is a major and has married the petitioner on her own free-will. She further stated that she is carrying a pregnancy of eight months. It appears that the girl herself has stated before the Court that she has married the petitioner on her own free-will and carrying a pregnancy of eight months. In such circumstances there seems substance in submissions of petitioner that no useful purpose would be served by continuing the prosecution. However it appears that cognizance has been taken and as such it may be appropriate for the petitioner to challenge the same. With the aforesaid observation & liberty this writ petition is disposed of. Vikash/- (Samarendra Pratap Singh, J.)