The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 657 of 2024 Ranjan Jena …. Petitioner(s) Mr. J.K. Majhi, Advocate -versus- State of Odisha and others …. Opposite Party(s)
Legal Reasoning
Mr. S.J. Mohanty, ASC Ms. M.P. Behera, Advocate (O.P.No.2) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 09. 1. 2.
Decision
ORDER 20.03.2025 Heard. At the instance of the opposite party No.2, the F.I.R. in Baliapal P.S. Case No. 36 of 19.02.2023 came to be registered against the petitioner corresponding to C.T. Case No. 121 of 2023, pending in the court of the learned JMFC, Basta. 3. The allegation against the petitioner is that opposite party no.2 lodged an FIR at Baliapal Police Station on 19.02.2023 stating therein that on 17.2.2023 morning at 9.00 A.M. his minor daughter Kumari Madhusmita Pandit went to Subarnarekha college by her bicycle but did not returned home till 1.00 P.M. Thereafter, the informant went to the college and came to know that her daughter left college at 11.30 AM. He searched his daughter but could not Page 1 of 6 trace her. He came to know from the friend of his daughter that the petitioner kidnapped his daughter in his bike. He went to house of the petitioner and asked about his daughter, but the petitioner and his wife abused him in obscene languages. Hence, the present case. 4. The matter was earlier taken up on 05.09.2024 and since opposite party no.2 was not present on that date, the matter was adjourned and on that date the presence of opposite party no.3 was dispensed with. Relevant would be to reproduce the order dated 05.09.2024:- is the petitioner “1. At the instance of the opposite party No.2, the F.I.R. in connection with Baliapal P.S. Case No.36 of 2023 corresponding to C.T. Case No.121 of 2023 came to the registered against the petitioner. 2. The allegation against that on 19.02.2023, the complainant reported at Baliapal P.S. that on 17.02.2023, his minor daughter went to Subarnarekha College, but she did not return home till 1 P.M. When the complainant went to the College, he came to know that, her daughter left the college and 11.30 A.M. Then he searched her daughter everywhere, but in vain. He came to know from the friends of her daughter that the present petitioner has kidnapped his daughter. So, he went to the house of the petitioner and asked about his daughter, but the petitioner and his wife abused the complainant in obscene language. Hence, the F.I.R. 3. The investigation in the present case is still going on. At this stage, learned counsel for the petitioner submits that the petitioner has already married with the victim. 4. The petitioner and the victim are present in the Court today. They are being represented by their respective counsels and identified by them. They have filed the photocopies of their self-attested Aadhaar Cards to establish their identity, which are taken on record. Page 2 of 6 5. Although the notice was served on the opposite party No.2, who is the informant and father of the victim girl, but he is not present in the Court nor represented by someone. 6. The I.I.C., Baliapal Police Station is directed to serve a copy of this order on the opposite party No.2. 7. List this matter on 03.10.2024. 8. In the peculiar facts of the present case, as an interim measure, it is directed that, no coercive action shall be taken against the petitioner, till the next date. 9. It is made clear that this interim order is only till the next date of hearing. 10. On the next date of hearing, the presence of the opposite party No.3 is dispensed with. 11. A free copy of this order be supplied to Mr. Patra, learned Additional Standing Counsel.” 5. The petitioner and opposite party no.2 the informant are present in Court and being represented and identified by their respective counsels. They have also filed self-attested copies of their Aadhaar Cards to establish their identity, which are taken on record. They have also filed an affidavit dated 07.05.2024 on behalf of opposite party no.3 in Court today inter alia stating as under:- “2. That it is submitted that the petitioner approaches this Hon’ble Court with a prayer the proceeding initiated against him in connection with Baliapal P.S. Case No. 36 of 2023 corresponding to C.T. Case No.121 of 2023 pending in the court of learned JMFC, Basta by adding the informant as well as the victim/daughter of the informant as parties thereto. for quashing of 3. That it is submitted that the opposite party no.3 namely Madhusmita Pandit also married to the present petitioner before the goddess of Laxmi Narayan Temple situated at O.T. Road, Balasore on 02.02.2024 as per Hindu Rites and customs. The petitioner as well as opposite party no.3 have Page 3 of 6 been maintaining happy conjugal life as a husband and wife. 4. That it is submitted that the opposite partyno.2 lodged a complaint before the police of Baliapal P.S. by alleging therein that his daughter namely Madhusmita Pandit aged about 16 years, who was reading in Subarnarekha College was kidnapped by the present petitioner. The said opposite party no.2 also alleged therein that his daughter was kidnapped by the petitioner forcefully. 5. That it is submitted that I had gone with the petitioner with my own mercy without any pressure from the side of the petitioner. The said victim girl had gone with the petitioner due to torture from the side of her parents. The said victim girl also stated that there was a love relationship between them and she has left her parental house with her own will without any pressure from the side of the petitioner. life 6. That it is submitted that though the petitioner as well as victim have married each other and maintaining happily conjugal the petitioner/husband of the opposite party no.3 approached the Hon’ble Court for quashing of the FIR/proceeding pending before the learned court below as it is an abused process of law by invoking jurisdiction U/s 482 Cr. P.C.” and wife, husband as so 6. On the query from the Court, opposite partyno.2, who is father of the victim, appearing in Court states that he has no issue left with the petitioner, as the petitioner and opposite party no.3 (his daughter) has already married and continuing the happy conjugal life. He further submits that he does not want to prosecute the petitioner to save the marriage life of his daughter, who is otherwise very happy. Page 4 of 6 7. Mr. Mohanty, learned counsel for the State submits that since the petitioner and opposite party no.3 has already married and opposite party no.2 (informant) has accepted the same and filed affidavit that petitioner and opposite party no.3 happily married and leading a conjugal life, he does not want to proceed against the petitioner, there is no legal impediment to quash the proceeding. 8. Regard being had to the allegation made by the opposite party no.2 against the petitioner and the fact that they have settled the dispute and filed affidavit before this Court, I am inclined to allow the present petition. Further, continuation of the present proceeding will not enure to the benefit to either parties and, therefore, in these circumstances subjecting the petitioner to rigors of the trial is destined to be futile exercise. The case of the petitioner is directly covered by the judgment of the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675. 9. Accordingly, the criminal proceeding in connection with Baliapal P.S. Case No. 36 of 19.02.2023 corresponding to C.T. Case No. 121 of 2023, pending in the court of the learned JMFC, Basta is quashed. Page 5 of 6 10. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Ashok Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 21-Mar-2025 11:01:33 Page 6 of 6