SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and U.C. Banerjee, JJ.

Criminal Appeal No. 966 of 1999 and Arising out of SLP (Crl.) No. 1413 of 1999. D/d. 20.09.1999.

Fazle Gaffar Khan And Others - Appellants

Versus

State Of W.B. And Another - Respondents

Indian Penal Code, 1860, Section 366 - Constitution of India, 1950, Article 136 - Quashing of Criminal Proceedings - Proceedings against appellant for kidnapping a minor girl - Girl however in her affidavit admitted her marriage with appellant - Moreover the fact that a child was also born out of marriage was on record - Hence in the interest of Justice proceedings quashed - Appeal allowed.

[Para 3]

ORDER

G.B. Pattanaik, J. - 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 Indian Penal Code 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 Criminal Procedure Code, 1973 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.

Appeal allowed.