The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3963 of 2023 1) Rama Raman Mohanty 2) Sipra Mohanty ..... Petitioners Represented By Adv. - Ashok Kumar Pradhan 1) State Of Odisha 2) Biswonath Mohanty 3) Prakash Mohanty 4) Sipra Mohanty -versus- ..... Opp.Parties
Legal Reasoning
Represented By Adv. – Mr.P.C.Das, ASC Surendra Kumar Rout, for O.P.4 CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 10.07.2024 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party and learned counsel for the Opposite Party No.4. Perused the materials placed before this Court. 3. This CRLMC application has been filed under Section 482 Cr.P.C. with a prayer to quash the F.I.R. in Gop P.S. Case No.181 of 2018 which corresponds to Special G.R. Case No.99 of 2018 pending before the learned Special Judge (POCSO), Puri and to quash the entire consequential criminal proceeding. 4. Learned counsel for the Petitioner at the outset contended that both the petitioner as well as the victim were in a love relationship. He further contended that since the family of the Petitioner as well as the victim were not in favour of their marriage. He further submitted that as Page 1 of 4. per the F.I.R. allegation, while the victim had gone out to attend the call of nature, the Petitioner came to this place from backdoor of house and the petitioner has committed rape on her. Accordingly, the grandfather of the victim lodged an F.I.R. on 17.11.2018. On the basis of the said F.I.R., the present case has been registered. 5. Learned counsel for the Petitioner further contended the Petitioner and the Opposite Party No.4 had a love relationship. Such relationship was being opposed by the informant and the father of the victim. He further contended that the informant and father of the victim had threatened the victim and accordingly, a false case has been registered against the present Petitioner and that being pressurized by her family members, the victim has deposed against the present petitioner. Finally, when the family of the victim aggrieved with their marriage, the victim herself left her parental house and fled away with the Petitioner. Learned counsel for the Petitioner further contended that in the meantime, the victim has attained majority and both the Petitioner and the victim are married and they are living a happy conjugal life. He further submitted that the victim has given birth to a male child on 17.03.2022. It was contended that the marriage of the Petitioner and the victim was solemnized on 01.06.2022 as per the Hindu customs and rites. In the aforesaid factual backdrop, learned counsel for the Petitioner submitted that the further continuance of the present criminal proceeding would cause disturbance in their peaceful family life and that the same is not within the greater natural of justice. Accordingly, it was submitted that the F.I.R. as well as the entire criminal proceeding be quashed. 6. Learned counsel for the Informant on the other hand supported the submissions made by learned counsel for the Petitioner. He further referred to the affidavit filed by Opposite Party No.4. On perusal of the Page 2 of 4. affidavit it appears that the saying has been shown before the Oath Commissioner of this Court on 30.08.2023. Further, on perusal of the affidavit it appears that the victim has supported the grounds taken by the Petitioner in the bail application. She has also admitted the fact that she is married to the Petitioner now and they are living a peaceful conjugal life and she has been blessed with a male child. In the said affidavit, the Opposite Party No.4 has also supported the stands of the Petitioner for quashing of the F.I.R. as well as the entire criminal proceeding. 7. On perusal of the order sheet, it appears that both the victim as well as the Petitioner appeared before a Coordinate Bench of this Court on 08.05.2024. The learned Coordinate Bench recorded the submissions of the Petitioner and the Opposite Party No.4 in para-4 of the order dated 08.05.2024 to the effect that both of them submitted that they are married and blessed with a child and that the Opposite Party No.4 has stated before the Court that she is not interested to prosecute the case against the present petitioner. 8. Although, the learned Coordinate Bench of this Court directed for issuance of notice to the Opposite Party No.3. Issued notice to the Opposite Party No.3, however, none appears on behalf of the Opposite Party No.3. Office nothing dated 08.05.2024 reveals that neither A.D. nor unserved notice returned from Opposite Party No.3. On perusal of the record it appears that notices were issued through a Regd. Post from 15.05.2024, therefore, the 30 days period is over and such this Court drawn up prevention that the notice has been validly served. Moreover, this Court is of the view that the victim is a major now, therefore, she is ready to take her own decision. Additionally, the father of the victim was not being the informant and the informant-grandfather of the victim as stated by learned counsel appearing for the Parties, he is died in the Page 3 of 4. meantime. 9. Taking into consideration the aforesaid facts and circumstances, further considering the fact that both the Petitioner as well as the victim are married and they are living a peaceful conjugal life and they have been blessed with a male child, this Court is inclined to terminate the criminal proceeding pending against the Petitioner. 10. Accordingly, the F.I.R. in Gop P.S. Case No.181 of 2018 which corresponds to Special G.R. Case No.99 of 2018 pending before the learned Special Judge (POCSO), Puri is hereby quashed. 11. In such view of the matter, the CRLMC is allowed on compromise. Anil ( A.K. Mohapatra) Judge Signature Not Verified Page 4 of 4. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 16-Jul-2024 14:28:32