IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49214 of 2007 SANJAY TANTI @ GORELAL TANTI SON OF BANSI @ BANSHI TANTI @ BHAROSHI TANTI OF VILLAGE-MAHESHMUNDA, P.S.-KAHALGAON, DISTRICT-BHAGALPUR. Versus 1. STATE OF BIHAR 2.Shekh Rahim son of Late Makbul. ----------- 3. 26.02.2009 Heard learned counsel for the petitioner, for the State and for Opposite party no. 2. The petitioner is aggrieved by the order dated 24.8.2007 of Additional Sessions Judge, F.T.C. No. III, Bhagalpur in Sessions Trial No. 873 of 2007/Tr. No. 173 of 2007 refusing to discharge the petitioner in exercise of powers under Section 227 of the Code of Criminal Procedure in Kahalgaon P.S. Case No. 123 of 2007 instituted under Sections 366A/34 of the Penal Code. The allegations in the F.I.R. by opposite party no. 2 are that his 14 year old daughter went to attend sewing classes, she did not return. The petitioner and other co-accused had abducted her. That his daughter was wearing jewellary also. The grievance was with regard to the abduction of his minor daughter. The victim girl then appeared before the court below, gave her statement under Section 164 Cr.P.C. claiming that she was 20 years of age and that she has married with the petitioner and residing as man and wife, that no body had abducted her and enticed her, but, she had gone willingly with the petitioner and married him. The girl was medically examined and her age was determined 18 years on 19.4.2007. The date of occurrence 2 alleged is 17.3.2007. In the aforesaid background, learned counsel for Opposite party no. 2 fairly acknowledged that his daughter has chosen her own path in life and he does not wish to be an impediment any more. Considering the nature of allegation, the age of the alleged victim, her statement under Section 164 Cr.P.C. and that the parties had now married and were residing as man and wife, no useful purpose shall be served by allowing present prosecution to continue. By reason of the developments and opposite party no. 2 reconciling to the same, this Court considers it proper to exercise its power under Section 482 Cr.P.C. to quash the entire prosecution to enable the petitioner and alleged victim girl to live their matrimonial life in peace. The entire proceedings in S.T. No. 873 of 2007 arising out of Kahalgaon P.S. Case No. 123 of 2007 pending before the Additional Sessions Judge F.T.C. No. III, Bhagalpur is quashed. The application stands allowed. AKS/ (Navin Sinha, J.)