R.R.PRASAD, J. - (1.) THROUGH this writ application, entire criminal proceeding of Koderma (T) P.S case No. 195 of 2004 including the order dated 19.5.2009 under which cognizance of the offences taken against the petitioner under Sections 365 and 366A of the Indian Penal Code has been sought to be quashed.
(2.) THE facts giving rise this application are that one Tej Narayan Singh, the informant submitted a written report before the Officer -in -Charge, Telaiya Police Station stating therein that his daughter Anamika has been missing since early morning of 15.5.2004. In course of search, he came to know that she was lastly seen in the company of this petitioner, who was her tutor and as such, there was every reason to believe that the petitioner enticed away his daughter. On the said information, Koderma (T) P.S case No. 195 of 2004 was instituted under Sections 365 and 366A of the Indian Penal Code against the petitioner. When the girl was recovered, she made statement before the Magistrate under Section 164 of the Code of Criminal Procedure that she had never been enticed away by the petitioner, rather she herself with her own accord had gone with him and married him and presently she is having a female child out of the said wedlock. Thereupon, an application was filed by the information, father of the girl before the Investigating Officer to the effect that the petitioner had never committed offence as has been alleged, rather her daughter had married him with her own accord and presently she is living a peaceful married life with the petitioner. The informant also filed an application that since the matter has been compromised between the parties, he does not want to proceed with the case but in spite of all these facts, charge sheet was submitted, upon which cognizance of the offences was taken against the petitioner under Sections 365 and 366A of the Indian Penal Code by the learned Chief Judicial Magistrate, vide its order dated 19.5.2009 which has been sought to be quashed.
(3.) LEARNED Counsel appearing for the petitioner submitted that though the informant in his written report had alleged that his daughter aged about 16 years has been enticed away by the petitioner but subsequently, when he came to know from his daughter that she herself had went along with the petitioner and married him willingly and is having a female child with their wedlock, an information to that effect was given to the Investigating Officer stating therein that date of birth of his daughter as 23.6.1986 which gets confirmed from the discharge slip issued by Kurji Holly Family Hospital, Patna but in spite of that, charge sheet was submitted, though the informant had intimated to the Investigating Officer in writing that he does not want to proceed with the case as the matter has been compromised in between the parties as the petitioner and his daughter are living peaceful married life.;