THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5372 of 2010 ORDER: The petitioner approaches this Court with a prayer to quash the charge sheet filed against him for an offence under Section 366-A read with 34 of IPC. Heard. The brief facts of the case are that the petitioner herein kidnapped the victim girl and forced her to marry. The petitioner’s main grievance before this Court is that the age of the girl is 19 years old and she herself has voluntarily left the parental home and married him and further the learned counsel for the petitioner produced the statement of the said victim girl, which runs as follows: “I am resident of Dodarna Thanda No.1. I studied up to SSC. I am not married. My father Chouhan Shankar is Z.P.T.C. Mother is Leela Bai and residing in Dodarna Thanda. I am in love with Rathod Santosh S/o. Roopchand resident of Dodarna Thanda No.1. I am requesting my parents for the last two years to perform my marriage with Santosh but they are not agreeing. Left with no alternative on 22.12.2006 at 11.00a.m. I went to Bhainsa from my residence. After reaching I called Santosh to come to Bhainsa over phone. We both left Bhainsa and went to Chepur village, Armoor Mandal, Nizamabad and we married at Saibaba temple at 2.55 p.m. and went to Hyderabad for honeymoon. I received a phone call that my father made a complaint with Kubeer police station that I am forcibly taken in a car by Rathod Santosh and his family members. No body kidnapped me. I left the house with my own will and wish. My father stated that I am 17 years 7 months basing on my SSC Memo. It is a false. I am 19 years old as on 01.01.2006 as per voters list. I am casted my vote twice earlier. I am aged to caste my vote and am I not aged to marry? I have got right to marry as per my will. I have not made anybody as scapegoat. I will live with Santosh other wise I will not survive. If any thing happens to me, my parents will be solely responsible. I am giving statement with free will.” Learned counsel for the respondent – de facto complainant submitted that he had filed a protest petition against the other accused concerned, who accompanied the petitioner herein and further submitted that the statement of the girl is not voluntary one. This Court after hearing the arguments perused the records concerned. In view of the statement given by the girl, this Court is of the view that allowing the proceedings to continue before the Court amounts to abuse of process of law, which is not going to give any favourable result to the de facto complainant. Hence, this Court is of the view that the proceedings pending against the petitioner are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner in S.C.No.27 of 2008 on the file of the Assistant Sessions Judge, Nirmal, Adilabad District, are hereby quashed. Miscellaneous petitions filed along with the criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 28th February 2011, Rns