CRIMINAL MISCELLANIOUS No.12200 OF 2004 ********** In the matter of an application under Section 482 of the Code of Criminal Procedure. ********** 1. K. NISHA D/O LATE RAMJAN KHAN 2. JUBEDA BEGUM, W/O LATE RAMJAN KHAN BOTH R/O KATKIA PARA, TITLAGARH, DIST. BOLANGIR, ORISSA --------------------------(Appellants) Versus 1. THE STATE OF BIHAR 2. KRISHNA KUMAR JHA, S/O LATE KHEDU JHA, R/O ROAD NO. - 369-B, NEW COLONY, KHAGAUL, P.S.- KHAGAUL, DIST- PATNA. -----------------------(Respondents) ************ For the Petitioners : Mr. Rajendra Narain Adv. For the State : Mrs. Pushpa Sinha P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The petitioners seek quashing of the order dated 1.8.2003 by which the Sub Divisional Judicial Magistrate, Danapur (Patna) has taken cognizance in complaint case no. 442 of 2003. 2. By an order dated 14.11.2005 the opposite party no. 2 was noticed on the submission of the learned counsel for the parties that in fact the alleged kidnapped girl and the informant opposite party no. 2 who seems to be her father have already settled the matter between them and therefore further proceedings in the court below was an abuse of the 2 process of the court. On 1.2.06 the matter was admitted for further hearing with an interim order of stay to continue. 3. Today none appears for opposite party no. 2 but on going through a documents in the case record, I find that there is an affidavit filed on behalf of the alleged kidnapped girl stating therein that she was an adult and had fallen in love with one Seraj Khan and married him on 15.7.2003 and also given birth to a daughter on 4.5.05 and opposite party no. 2 had finally reconciled to the inter caste marriage and filed a petition before the officer in charge, stating so. 4. In the complaint petition which was filed for alleged kidnapping of the daughter of opposite party no. 2 allegation against the petitioners is of having kept the alleged kidnapped girl in their house in Orrisa. In view of the later developments the allegations contained in the complaint have become totally redundant and therefore the entire complaint including the order dated 1.8.2003 passed by Sub Divisional Judicial Magistrate, Danapur (Patna) by which he has taken cognizance in complaint case no. 442 of 2003 is hereby quashed. 5. The Application stands allowed. ( Anjana Prakash, J.) Patna High Court, Patna Dated the 13th July, 2010 NAFR/ Fahad.