THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6868 of 2011 ORDER: Petitioner/Accused approached this Court with a prayer to quash the proceedings initiated against him in S.C.No.141 of 2011 on the file of the Assistant Sessions Judge, Narasapuram, West Godavari District, wherein he is facing trial for the offence punishable under Section 366-A IPC. The brief facts of the case are as follows: The petitioner and the victim girl, who is the daughter of the 2nd respondent herein, eloped from their house and stayed for some time at Guntur, Vijayawada and other places. Subsequently, the victim girl was taken away by her mother. Thereafter, alleging that the victim girl was illegally confined by her parents, the petitioner filed W.P.No.21684 of 2010 before this Court seeking a direction for production of the victim girl and to set her liberty forthwith. In the said writ proceedings, the victim girl appeared and informed that she was a major and her date of birth was 07.06.1992. She further stated that she has not been confined by her mother and that she was staying with her mother on her own accord. Learned counsel for the petitioner submitted that on the face of the admitted facts, the offence under Section 366-A IPC is not attracted against the petitioner since the victim girl is a major. He further submitted that the victim girl already married another person. Section 336-A IPC, which deals with procuration of minor girl, reads as follows: “Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.” The aforesaid section clearly indicates punishment for procurement of minor girl for the purpose of illicit intercourse with another person. The allegations in the charge sheet filed in the present case do not attract the ingredients of Section 366-A IPC, but they prima f a c i e attract the ingredients of Section 363 IPC. In these circumstances, this Court is of the view that the present complaint is lodged only with an intention to secure the victim girl and to separate her from the petitioner, as such, the proceedings initiated against the petitioner in the present case for the offence under Section 366-A IPC are nothing but abuse of process of law. Accordingly, the criminal petition is allowed and the proceedings against the petitioner in S.C.No.141 of 2011 on the file of the Assistant Sessions Judge, Narasapuram, West Godavari District, are quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 11.08.2011 V V