IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.464 of 2007 SHALINEE KUMARI @ RASHMI KUMARI Versus THE STATE OF BIHAR & ORS ----------- 4 22.8.2008 Heard learned counsel for the petitioner, respondent no.5 and the State. In the instant writ petition, the petitioner prays for quashing of the FIR of Laheriasarai PS case no. 113 of 2007 dated 13.3.2007 registered for offences under sections 363, 366A, 323, 504 and 34 of the I.P.C. instituted on the statement of respondent no.5. Respondent no.5 in her FIR stated that her daughter Rashmi Kumari aged about 15 years was missing since 27.3.2007 and was kidnapped by Krishna Kumar @ Gopi Mahto @ Gara s/o Mahesh Mahto. It is submitted on behalf of the petitioner that in fact the victim at her own sweet will went out with Gopi Mahto as they were knowing each other from the school days itself and now she has married Gopi Mahto. This court vide order dated 22.8.2007 granted the prayer of the petitioner to approach the S P. Darbhanga so that steps be taken for her examination under section 161/164 Cr P.C. Petitioner has filed supplementary affidavit enclosing a copy, each of 164 Cr PC. statement and medical report. In 164 Cr.P.C. statement she has stated that allegation of her kidnapping or abduction is incorrect and she moved out of her house at her own sweet will with the petitioner and married him. - 2 - It appears petitioner has stated herself to be an adult in her 164 Cr.P.C. statement as contained in annexure 7 to the suppl affidaviat and as per medical report dated 27.10.2007, annexure 8 issued by the Departament of Forensic Medicine, Darbhanga Medical College her age has been assessed as 17-18 years. It is well settled by various decisions of the Hon’ble Supreme court that the medical opinion in respect of age is not conclusive and there could be a margin of 1-2 years on either side. Learned counsel for the informant also submits that on account of intervention of well wishers, both parties have resolved to conciliate their difference and it is expected that no retaliatory action be resorted to from other side in future. In view of the fact that the age of the girl has been assessed as 19 years by the leaned magistrate u/s 164 Cr.P.C., as also the assertion in the statement that she married the petitioner at her own free will coupled with stand that the informant does not want to pursue the complaint case, this court quashes the criminal prosecution arising out of Laheriasarai ps case no. 113 of 2007 dated 30.03.2007. Shashi. (S.P.Singh,J).