1. Criminal proceedings under Section 366 IPC for kidnapping a minor girl — High Court refusal to quash proceedings — Appeal to Supreme Court. (Para 3 )
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1999 Supreme(SC) 1082
SUPREME COURT OF INDIA
G.B.Pattanaik : U.C.Banerjee
Fazle Gaffar Khan
Versus
State Of West Bengal
Case No. : 966 of 1999
Date of Decision : 9/20/99
Criminal proceedings for kidnapping a minor may be quashed in the interest of justice if the alleged victim admits marriage to the accused and a child has been born from the relationship.
Headnote:(A) Indian Penal Code, 1860 - Section 366 - Code of Criminal Procedure, 1973 - Section 482 - Kidnapping of minor girl - Quashing of criminal proceedings - Affidavit of the girl admitting marriage to the accused and birth of a child - Proceedings quashed in the interest of justice. (Para 3)
Facts of the case:
The appellant faced criminal proceedings for kidnapping a minor girl. Following a police investigation and the submission of a final form, a protest petition led the Magistrate to take cognisance. The High Court refused to quash the proceedings under Section 482 CrPC. Subsequently, an affidavit was filed by the girl stating she was married to the appellant, and it was submitted that a child had been born from the union.
Findings of Court:
The court noted the affidavit of the girl admitting the marriage and the fact that a child had been born.
Issues: Whether the criminal proceedings for kidnapping should be quashed in view of the subsequent marriage and birth of a child.
Ratio Decidendi: In light of the alleged victim's admission of marriage and the birth of a child, it is in the interest of justice to quash the criminal proceedings.
Result: Appeal allowed and criminal proceedings quashed.
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Table of Contents
2. Appellant sought quashing of proceedings under Section 482 CrPC based on subsequent marriage to the victim and the birth of a child. (Para 3 )
3. The court observed that the alleged victim's affidavit admitting marriage and the birth of a child make quashing the proceedings in the interest of justice. (Para 3 )
4. Criminal proceedings for kidnapping may be quashed in the interest of justice upon evidence of marriage between the accused and the victim and the birth of a child. (Para 3 )
5. Appeal allowed and criminal proceedings quashed. (Para 3 )
6. Can criminal proceedings for kidnapping be quashed if the victim admits marriage to the accused?
Yes, the court may quash such proceedings in the interest of justice if the alleged victim provides an affidavit admitting marriage to the accused and a child has been born from the union. (Para 3 )
7. How does a Magistrate handle a protest petition filed against a police final form?
The Magistrate may treat a protest petition filed by the complainant as a complaint and subsequently take cognisance of the matter. (Para 3 )
8. Which provision allows for the quashing of criminal proceedings by the High Court?
Criminal proceedings may be quashed by the High Court upon an application moved under Section 482 of the Code of Criminal Procedure. (Para 3 )
(1) LEAVE granted.
(2) THOUGH notice has been duly served on the complainant, but there has been no appearance. The State has entered appearance.
(3) THE appellant faces criminal proceedings on a charge under Section 366 IPC on the allegation that he kidnapped a minor girl. On the basis of the first information report (FIR) the police took up the investigation and submitted a final form. A protest petition being filed by the complainant, the Magistrate treated it as a complaint and took cognisance. The accused moved the High Court under Section 482 CrPC for quashing of the proceedings. The High Court having refused to quash the proceedings, the present appeal has been filed in this Court. An affidavit of the girl has been filed clearly stating therein that she was married to the appellant-accused. In view of such affidavit, the Court had issued notice pursuant to which the State entered appearance, but the complainant did not make any appearance. In the light of the said affidavit of the girl admitting the marriage between her and the present appellant and the statement made by Ms Indira Jaising, learned Senior Counsel appearing for the appellant that a child has been born, we think it in the interest of justice to quash the criminal proceedings. We, therefore, allow this appeal and direct that the criminal proceedings be quashed.
