The court dismissed the petition to quash kidnapping proceedings due to the victim not attaining marriageable age and the lack of informant's affidavit supporting the marriage.

ORDER :

1. Heard learned counsel for the Petitioner and the State.

2. By means of this application, the Petitioner has sought for quashing of the proceeding in GR Case No.1124 of 2016 corresponding to Biridi PS Case No.101 of 2016 in the district of Jagatsinghpur.

3. The background facts of the case are that one Jamir Khan son of late Gaphur Khan of village Shankarpur under Biridi PS in the district of Jagatsinghpur lodged a written report alleging his daughter to have been kidnapped by the Petitioner while he was minor and aged about 16 years. On the basis of the complaint, the Police registered the case vide Biridi PS Case No.101 of 2016 on 27.09.2016.

4. It is submitted by learned counsel for the Petitioner that with the subsequent development wherein the victim girl after being rescued has been examined by the Police both under Sections 161 CrPC as well as under section 164 CrPC. While in the statement recorded under Section 161 of CrPC, the victim has stated that on 10.08.2017 she appeared voluntarily before the Police Station to record her statement disclosing the fact that she having fallen in love with the Petitioner decided to marry. Since her family members did not agree, she eloped leaving her house and having married to the Petitioner they are living as husband and wife and are blessed with a male child. In her statement, she further stated that she has neither been kidnapped nor any force exhorted on her in volunteering the statement and she does not like to stay with her parents and that her father has mistakenly reported the matter with the Police.

5. In her statement recorded under Section 164 of CrPC, she reiterated her statement made under Section 161 of CrPC which is recorded on the same day i.e. 10.08.2017 wherein she stated that after her marriage with the Petitioner she is residing happily. In both her statements the victim declared her age to be 17 years; consequently though has reached the age of puberty according Muslim Personal Law but she had not attended the age of marriage as far as criminal law is concerned.

6. The learned counsel for the Petitioner though submitted that no fruitful result would come out in the event the proceeding will continue and for quashing of the same, the fact remains that no such affidavit has been sworn-in from the side of the Informant who is the father of the victim.

7. Needless to mention that while invoking its extra ordinary jurisdiction it is incumbent for this Court to make an endeavour to seal all possible ways that would hinder the executability of the direction in the best interest of the parties. In the case in hand, having regard to the facts and circumstances even though this Court is not precluded from taking a view exercising its jurisdiction, in the given scenario, in absence of an affidavit from the informant subscribing the intention of the parties and further that the age of the girl at the relevant time being not the marriageable age, the factum of marriage could not in the wake of the interest of the parties to invoke the extraordinary jurisdiction to pass direction quashing further proceeding.

8. The relief prayed for, therefore, cannot be granted and the application accordingly stands dismissed.