Prashant Kumar,J. - (1.) This writ application has been filed for quashing the entire criminal proceeding arising out of Mango (Olidih) P.S. Case No. 209 of 2012, corresponding to G.R. No. 1258 of 2012 under sections 363 and 336 of the Indian Penal Code, pending in the court of Judicial Magistrate, Jamshedpur.
(2.) It appears that one Uday Shankar Tiwari filed a written report, before the Officer-in-Charge, Mango (Olidih) Police Station, alleging therein that on 09.05.2012 at about 8.30 P.M. accused Sk. Anwar kidnapped his daughter namely, Manisha Kumari (petitioner) on the allurement of marriage. On the basis of aforesaid written report Mango (Olidih) P.S. Case no. 209 of 2012 dated 10.05.2012 under sections 363 and 366 of the Indian Penal Code instituted and police took up investigation.
(3.) The present petitioner, Manisha Kumari @ Aisha Firdus claimed herself to be the wife of accused Sk. Anwar out of her own sweet Will. She stated that she is major and she went to the house of Sk. Anwar. She further stated that she was in love with Sk. Anwar and she requested her father (informant) to give consent for their marriage. But her father denied, therefore, she out of her own sweet Will went to the house of Sk. Anwar at Jajpur in the State of Orissa and, there she married with Sk. Anwar. She further stated that she is major and she has all right to choose her husband. She further stated that since she went to the house of accused Sk. Anwar out of her own sweet Will and married with him, therefore no offence under section 363 and 366 of the Indian Penal Code made out. Accordingly, she prayed that the F.I.R. as well as entire criminal proceeding instituted against Sk. Anwar be quashed.;