IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13406 of 2009 MUKESH KUMAR, SON OF BIJAY SHARMA, RESIDENT OF VILLAGE SIKARIYA, P.S. PARASBIGHA, DISTT. JEHANABAD. -------- PETITIONER. Versus 1. STATE OF BIHAR 2. KISHORI SHARMA, SON OF LATE MAKSUDAN SHARMA, RESIDENT OF VILLAGE SIKARIYA, P.S. PARASBIGHA, DISTT. JEHANABAD. 3. REMI KUMARI @ BUCHHI, WIFE OF MUKESH KUMAR, RESIDENT OF VILLAGE SIKARIYA, P.S. PARASBIGHA, DISTT. JEHANABAD. ---- OPPOSITE PARTIES. ----------- 8. 09.08.2010 The petitioner seeks quashing of the entire proceeding including the order dated 3.11.2007 passed by the Chief Judicial Magistrate, Jehanabad, in Parasbigha P.S. Case No. 27 of 2007, Trial No. 1446 of 2008 by which he has taken cognizance for offence under Sections 366(A) and 120(B) of the Indian Penal Code. On 24.7.2009, notices were issued to the Opposite Party No. 2 and the victim girl was impleaded as Opposite Party No. 3 and notices were sent to her as well. Pursuant to the same, on 26.2.2010, the alleged victim (Opposite Party No. 3) presented herself in the Chambers of a Hon’ble Judge and stated that she had married accused petitioner out of her own sweet will and she was entitled to do so since she was a major. In view of such, the case was ordered to be listed on 8.3.2010 at the top of the list for final disposal. The case of the prosecution according to the Opposite Party No. 2 is that the accused persons kidnapped his 2 minor daughter (Opposite Party No. 3). After investigation, the Police submitted charge sheet against some accused whereas final report against others. However, a protest petition was filed and thereafter the cognizance was taken by the court below as stated above. During investigation, it appears that the alleged victim was examined under Section 164 Cr. P.C. who stated that she was a major and had left with accused Mukesh Kumar on her own sweet will with whom she had solemnized marriage and no one had kidnapped her. She also expressed her desire to live with the said Mukesh Kumar. It has been submitted that from the record of the case, it is apparent that the alleged victim was a major and even pregnant when she appeared before this Court in Chambers and therefore under the circumstances, no offence whatsoever is made out against the petitioner. On the other hand, the counsel for the Opposite Party No. 2, the Informant has stated that at the stage of cognizance, all these matters may not be gone into and the petitioner be directed to appear before the court below to file an application for discharge of the relevant stage. In my view, since there is ample material during investigation that the alleged victim was a major and she herself stated on oath as well as here that she had gone with the accused petitioner on her own sweet will and married him, no offence whatsoever is made out against the petitioner and the 3 entire proceeding is nothing but an abuse of the process of the Court. In view of such, this application is allowed and the entire proceeding including the order dated 3.11.2007 passed by the Chief Judicial Magistrate, Jehanabad, in Parasbigha P.S. Case No. 27 of 2007, Trial No. 1446 of 2008 is quashed. S.Ali ( Anjana Prakash, J.)