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Judgment
S.S. Mishra, J
The petitioners have invoked the inherent jurisdiction of this Court under Section-482 Cr.P.C. seeking quashing of the criminal prosecution initiated against them at the instance of the opposite party no.2.
It is alleged that the opposite party no.3, who is a minor has already married the son of the petitioner no.1. The son of the petitioner no.1 is also an accused in Tamando P.S. Case No.93 of 2024 corresponding to C.T. Case No.210 of 2024 for the offence under Section-363 IPC subsequently turned to Sections-366/346/114/120-B IPC and Section 12 of POCSO Act. The present petition has been preferred by the father and uncle of the boy, who alleged to have kidnapped the opposite party no.2 and the case has been registered under the POCSO Act.
Learned counsel for the opposite party no.2 appears on advance notice and submits that the parents of the opposite party no.3 have already filed a Habeas Corpus petition being Diary No.12961 of 2024 on 29.04.2024.
The present petitioners are seeking quashing of the F.I.R. on the ground that the matter has been settled and the son of the petitioner no.1 has married to the opposite party no.3 The same prayer cannot be acceded to because the opposite party no.3 was a minor at the time of commission of the offence and the Habeas Corpus petition is pending in this regard, which has been filed by the parents of the girl.
Without expressing any opinion in the matter, the present case is disposed of with liberty to the petitioners to approach this Court, after the Habeas Corpus is disposed of.
Learned counsel for the petitioners further submits that the minor girl and the present petitioners are present in the Court today. Outside the Court premises, they alleged that the parents of the girl and other musclemen hired by the parents of the girl have threatened them. So, they seek protection from this Court.
Liberty is granted to the petitioners to approach the I.I.C., Lalbag Police Station, Chandini Chowk, Cuttack and appraise the above facts. The I.I.C., Lalbag Police Station is directed to provide adequate protection to the opposite party no.3 and to take action as per law.
The CRLMC is accordingly disposed of.
A free copy of this order be supplied to Mr. Maharaj, learned Addl. Standing Counsel for compliance.
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