JUDGMENT :

Heard Mr. L. Gogoi, learned counsel for the petitioners. Also heard Ms. N. Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

2. This petition, under Section 482 of the Code of Criminal Procedure, is preferred jointly by three petitioners, namely, (1) Sri Lohit Das, (2) Sri Nitul Das and (3) Smti. ‘X’ (name withheld), for quashing of the Gohpur P.S. Case No.71/2020, corresponding to G.R. Case No.83/2020 and PRC No.102/2022, under section 366(A) of the IPC, pending before the Court of learned SDJM (M), Gohpur in Biswanath District.

3. The factual background of filing of the present petition is briefly stated as under:

“On 17.02.2020, one Lohit Das, son of Rajoni Das of Rahdhola Danigaon lodged an FIR with the Officer-in-Charge of Gohpur Police Station to the effect that on that day, at about 10:00 A.M., Sri Nitul Das has kidnapped his daughter Smti. ‘X’ (name withheld), 17 years from his house.”

4. Upon the said FIR, the Officer-in-Charge of Gohpur Police Station had registered a case, being Gohpur P.S. Case No.71/2020, under Section 366(A) of the IPC and entrusted ASI Bijoy Sarma to take preliminary step and also endorsed SI D. Nath to complete the investigation. Accordingly, the investigating officer had visited the place of occurrence, examined the witnesses and recovered the victim girl and got her examined by the Doctor and also got her statement recorded in the Court, and thereafter, handed her over to the informant. Though he tried cause arrest of the accused, yet he could not succeed. Then after completion of investigation, the investigating officer had laid charge sheet against the accused Nitul Das, to stand the trial in Court, under Section 366(A) of the IPC, showing him absconder in the charge sheet.

5. While the case was pending before the Court of learned SDJM (M), Gohpur, the parties have effected a compromise between themselves and after attainment of majority by the victim, accused Nitul Das got married with her and now leading a happy married life and the petitioner No.2 and 3 are not willing to pursue the case and therefore, they have approached this Court by filing the present application for quashing the aforesaid proceeding.

6. Mr. L. Gogoi, learned counsel for the petitioners submits that there was love affair between the petitioner No.3 and the petitioner No.2, but, at the relevant point of time, the victim was minor and therefore, her father lodged one case against the petitioner No.2 and thereafter, the petitioner No.3 attained majority and her marriage was solemnized with the petitioner No.2 as per the Hindu rites and rituals and now they have been leading a happy married life and therefore, Mr. Gogoi submits that the petitioner No.1 and petitioner No.3 are not willing to pursue the matter and contended to quash the proceeding, pending before the learned Court below.

7. On the other hand, Ms. N. Das, learned Addl. Public Prosecutor, Assam submits that in pursuant to the order of this Court dated 09.11.2022, she has obtained a report from the I.O. as to whether any marriage between the petitioner No.2 and petitioner No.3 has been solemnized and whether they are continuing their marital life as husband and wife, and based upon the said report, she submits that accused Nitul Das and the victim girl got married and they are living as husband and wife at their native place. Producing the report in the form of W.T. Message of the Officer-in-Charge of Gohpur Police Station, before this Court Ms. Das submits that the State has no objection in the event of quashing the proceeding of Gohpur P.S. Case No.71/2020, under Section 366(A) of the IPC, since the accused and the victim got married and living together as husband and wife.

8. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the report/W.T. Message, dated 15.11.2022 of the Officer-in-Charge of Gohpur Police Station. I