The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2010 of 2024 (1) Sridhar Sahoo @ Sahu …. Petitioner Mr.Tukuna Kumar Mishra, Advocate -versus- (1) State of Odisha & …. Opp. Parties another
Legal Reasoning
Mr. P.K.Marahaj, ASC for O.P. No.1 & Mr. Suryakanta Jena, Advocate for O.P. No.2. CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
Order No. ORDER 21.05.2024 01. 1. At the instance of the opposite party no.2, the F.I.R. in Kuakhia P.S. Case No.151 of 2022 corresponding to C.T. Case No.57 of 2022 for the offences under Sections-498A/302/34 IPC came to be registered against the petitioner. 2. After the investigation, the charge sheet has been filed in the present case on 31.05.2022 for the alleged offences U/Ss. 498A/306 IPC. Page 1 of 5 3. At this stage, the parties have settled their dispute. The petitioner and the opposite party no.2 are present in the Court today. They are being represented by their respective counsel and identified by them. They have also filed self-attested photocopies of their respective Aadhaar Cards to establish their identity, which are taken on record. 4. The opposite party no.2 has filed an affidavit before this Court, inter alia, stating as under: “4. That it is humbly submitted that my daughter namely, Subhashree Sahoo got married to the petitioner namely, Sridhar Sahoo on 19.05.2021 as per Hindu rites and customs. There was no demand of any dowry at the time of marriage from the side of the bridegroom. However, my daughter was not agree to marry the petitioner and wanted to marry elsewhere and for that she was always remaining unhappy, and on 15.04.2022 night at about 9 pm, she committed suicide by hanging in the celling fan of her bedroom using her saree at her own volition in absence of her husband (the petitioner). Her in-laws rescued her breaking the door of her bedroom and taken her to Madhuban CHC, and immediately informed me over phone. The Doctor of Madhuban CHC declared her dead. I along with my brother reached there and found my daughter dead. Accordingly, on suspicion I informed by way of writing in the Kuakhia P.S. on 16.04.2022 about the death of my daughter. The said report was registered as an UD case (under Annexure-1). Again on 29.04.2022, I was called by the IIC, Kuakhia P.S. and verbally compelled me to lodge another written Report against the petitioner and his family, and on that day, I lodged another written report under compulsion and misconception being misleaded and misguided by some persons, which was registered as Kuakhia P.S. Case No.151/2022 i.e. the present case (Annexure-2). 5. That it is humbly submitted that subsequently, I came to know that “my daughter Subhashree was not agree to marry Sridhar Sahoo (i.e. the petitioner) and wanted to marry elsewhere, and for that she was always remaining unhappy and on 15.04.2022 night at about 9 pm she committed suicide at her own volition. The member of her in-laws family and her husband (i.e. the present petitioner) are innocent persons and they have neither ever made any demand for dowry, nor tortured her for dowry, nor provoked her, nor instigated her, nor misbehaved her in any manner at any point of time to commit suicide till her death. They have played no role in the alleged suicide of my daughter.” Thereafter knowing the aforesaid truth of the incident and about the innocence of my son-in-law namely, Sridhar Sahoo (i.e. the present petitioner) and his family members, I had tried to convince the Investigating Officer about the true fact as above. However, he Page 2 of 5 (i.e. the IIC/IO) did not pay any heed to it. I or my family members have never given any statement to the Investigating Officer of this case. However, the Investigating Officer of this case recorded the statements inour name from his own narrating falsehood about the alleged incident. Thereafter, I tried to compromise the dispute, and in the meantime the matter was compromised amicably between family of both the sides in presence of the genglemen and well-wishers. Hence, I do not want to proceed further in this case and the present criminal proceeding against the petitioner may kindly be dropped in the interest of justice.” 5. Perusal of the contents of the affidavit reveals that it is the Investigating Officer, who has insisted the opposite party no.2 to lodge the F.I.R. and at the insistence of the police, the F.I.R. was lodged against the petitioner for the offence U/s. 498A/302 IPC. 6. However, after the investigation, the charge sheet has been filed in the present case for the offences U/Ss. 498-A/306 IPC. 7. The allegation made by the opposite party no.2 against the I.O. is serious in nature. By way of the affidavit before this Court dated 21.05.2024, the opposite party has made allegation against the I.O that he has insisted to file the case against the petitioners. 8. I do not want to precipitate the situation by passing any order against the I.O. However, suffice to say that his conduct is deplorable. Having said that, I am inclined to allow the present petition and quash the entire criminal prosecution against the petitioner, in view of the fact that they have settled their dispute and in view of the affidavit filed by the opposite party Page 3 of 5 no.2. 9. Mr. Maharaj, learned Addl. Standing Counsel appearing for the opposite party no.1-State submits that what had transpired during the investigation is the matter to be verified. After investigation, the charge sheet has been filed in the present case. Therefore, he submits that since the parties have settled their dispute and they are appearing before this Court and filed affidavit regarding their settlement, this Court can give indulgence in this case. In view of the affidavit filed before this Court and the law laid down by 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, I am of the considered view that subjecting the petitioner to trial will be a futile exercise. Therefore, the petition deserves merit. 10. Accordingly, the F.I.R. in Kuakhia P.S. Case No.151 of 2022 corresponding to C.T. Case No.57 of 2022 pending in the Court of the learned District & Sessions Judge, Jajpur and the consequential proceedings arising therefrom qua the petitioner are quashed. 11. The CRLMC is accordingly disposed of. Subhasis Judge (S.S. Mishra) Page 4 of 5 Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 28-May-2024 18:26:57 Page 5 of 5