- (1.) This is a revisional application filed under sections 401 read with section 482, Cr.P.C. A case was started on the complaint lodged by the father of opposite party No. 3 that his daughter was married to one Jahangir Alam and they also lived for sometime in the house but subsequently during the absence of the said son-in-law these petitioners forcibly took away his daughter and she was married to petitioner No.1. The girl is still there in the custody of the petitioners and a case was started with a prayer for recovery of the girl. This complaint was treated as a F.I.R. under section (156)3, Cr.P.C. and the police case was started. Now this application has been filed for quashing the proceeding on the grounds that the opposite party No. 3 was major at the time of alleged occurrence and that she on her own accord went with petitioner No. 1 and the first marriage was dissoled by her as at the time of marriage the authority was given to her by the husband to dissolve it at her choice. She has also admitted by filing an affidavit that she was 19 years old at the time of occurrence and that she with full consent married the petitioner No. 1 according to Musleem rites and has been living as husband and wife with her. It is further submitted and it is also admitted by the learned Advocate for the opposite party No. 3 that the girl is now carrying for five months. In the above circumstances the specific prayer of the petitioner is to quash the criminal proceeding before the Magistrate Court. Following the reported Division Bench decision of the Patna High Court in 1980 Cr. LJ page 764 this Court also considers that it is useless to carry on with the criminal proceeding. It is laid down in that decision that when a Musleem girl is married to the accused person and she has attained the puberty and not willing to go back to the father, wants to live with the accused husband the custody of the husband should not be disturbed and order to that effect held is justified. Considering these aspects there is no justification to continue with the proceeding and the petitioner No. 1 should be allowed to live with opposite part No. 3 as husband and wife in peace and that will ensure the social justice. The girl being a major and being a consented party no offence has been constituted virtually. The affidavit filed by the girl supports this fact. The School Leaving Certificate also shows that the girl was 19 years old at the time of occurrence. Considering these aspects the prayer is allowed. The criminal proceeding, namely, Itahar P.S. Case No. 5 of 1998 at, 8, 1, 98 pending in the Court of the learned Chief Judicial Magistrate, Raigung under sections 363/366/494, I.P.C. be quashed hereby. The revisional application is disposed of. Affidavit of Service filed to day be kept with the record. Ordered accordingly.;