IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52028 of 2007 KUNAL PRAKASH, son of B. K. Paswan, resident of Mohalla- Rajendra Nagar, Road, No.12, Birendra Residency, Flat no.403, Police Station- Agam Kuan, District- Patna. ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Rajesh Kumar, son of Ramji Singh, resident of village- Adarsh Colony, Near Amarnath Mandir, House of Sri Yogendra Prasad Sah, P.S. Agam Kuan, District- Patna …Opposite Parties ----------- 7/ 31.03.2010 When the matter was heard on merits on 26.2.2008, the opposite party no.2 was noticed and despite service of notice he has chosen not to appear. Meanwhile, submission of the parties before this court was noted that the alleged victim even though had given ambiguous statement under section 164 Cr. P. C., she has chosen to live with the present petitioner with whom now she is legally married. For this reason, the victim girl, namely, Anamika Patel d/o Sri Ram Nawal Kishore Prasad Singh was noticed by this court and she has appeared in court through a counsel, who has filed Vakalatnama. The alleged victim is present in the court today and she states that she is an adult and has married the present petitioner on her own sweet will and is living with him and was not kidnapped by the petitioner. This fact is also supported by the present petitioner, who is present in the court today. The petitioner with full responsibility has accepted the victim as his wife and as a husband he is ready to discharge all his duties for her care and protection. - 2 - In view of such, there being no ingredients to satisfy the offence under section 366-A and 506 of the Indian Penal Code, I am of the view that continuance of the proceeding will be a gross abuse of the process of the court and will unnecessarily cause marital discord and breed further litigation. Therefore, in exercise of extra ordinary jurisdiction under section 482 Cr. P. C., the entire proceeding including the order dated 6.10.2007 passed by the Sub-Divisional Judicial Magistrate, Patna City, in Agam Kuan P.S. case no.95 of 2007, by which he has taken cognizance under section 366-A, 506 and 120-B of the Indian Penal Code is hereby quashed. In the result, the application stands allowed. JA/- (Anjana Prakash, J.)