NAME WITHHELD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing G.R. Case No. 1114 of 1991 in the file of the S.D.J.M., Bhubaneswar.

(2.) THE G.R. Case was started on the basis of the FIR lodged by opposite party No. 3, father of opposite party No. 2, alleging that opposite party No. 2 had been kidnapped by the present petitioner. The present petitioner relied upon the affidavit of opposite party No. 2 sworn to before the Notary Public, Bhubaneswar, to the effect that opposite party No. 2 intended not to proceed with the case. Subsequent to filing of the present petition, notice was issued to opposite party No. 2 as well as opposite party No. 3, the informant. Though there is no appearance on behalf of opposite party No. 2, learned counsel appearing for opposite party No. 3 states that, in fact, the informant does not intend to prosecute further the G.R. Case as his daughter (opposite party No. 2) is now married. The learned counsel for opposite party No. 3 has submitted that in case this old case of 1991 is raked up, the married life of opposite party No. 2 is likely to be disrupted. The opposite party No. 2 had sworn an affidavit to the effect that she did not want that the criminal case should continue and the counsel for the informant has also stated that the informant does not intend to prosecute the present petitioner. It is true that the alleged offence under Section 366, Indian Penal Code, is not compoundable. However, in view of the long lapse of time of seven years and the changed circumstances and in view of the affidavit of the alleged victim and submission made on behalf of the informant that the informant (opp. party No. 3) does not want to proceed with the matter, the criminal proceeding in G.R. Case No. 1114/91 is quashed in the interest of justice. The names of the parties have not been indicated in the judgment and have been withheld to avoid any embarrassment in the matter. It is made clear that while granting certified copy to the parties, the names of petitioner No. 1 and opposite parties 2 and 3 shall not be indicated. The Criminal Misc. Case is disposed of accordingly.