Goutam Kahalia v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.5088 of 2011 Goutam Kahalia ....

Petitioner versusState of Orissa and others ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

22.03.2022 05.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 29th July, 2011 passed by the learned S.D.J.M., Bhadrak in G.R. Case No.905 of 2009, taking cognizance of the offences under Sections 363 and 366 of the I.P.C. as well as the entire proceeding on the ground that the Petitioner and the Opposite Party No.3-Victim have married and living as husband and wife.

3.

Heard the learned counsel for the Petitioner. No one appears on behalf of the Opposite Parties.

4.

However, prima facie case being made out against the Petitioner, this Court is not inclined to allow the prayer made in this petition.

5.

It is stated that it is a case of elopement and the Opposite Party No.3-victim having attained the age of majority

// 2 // at the time of elopement with the Petitioner and both are remaining as husband and wife, giving liberty to the Petitioner to approach this Court along with the victim-wife by filing an appropriate petition for quashment of the same on the ground stated, this petition disposed of.

6.

Interim order dated 31st July, 2012 passed by this Court in Misc. Case No.3544 of 2011 stands vacated. 7.

Order be communicated to the court concerned forthwith.

(S. Pujahari) Judge DA