The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Abinash Behera CRLMC No4157 of 2024 …. Petitioner(s) Mr. A. K. Das-1, Advocate -versus- State of Odisha and another …. Opposite Party(s)
Legal Reasoning
Mr. S. N. Biswal, ASC Mr. J. N. Panda, Advocate for O.P. No.2 CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 03. 1. 2.
Decision
ORDER 03.01.2025 Heard. At the instance of the opposite party No.2, the F.I.R. dated 23.09.2024 in Gondia P.S. Case No.280 of 2024 for the alleged commission of offences punishable under Sections 64(2)(m)/296/351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Sections 3(1)(r)/3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 came to be registered against the petitioner. 3. The allegation against the petitioner is that on 23.09.2024, the informant/victim lodged a written report alleging therein that she belongs to PANA caste and she is living in her sister-in-law’s house since last one month. On 20.09.2024 at about 7.00 P.M., Page 1 of 5 while her sister was absent in her house, the present petitioner came to her house and forcibly committed rape on her. It is alleged that on 22.09.2024, again the petitioner came to her sister’s house and forcibly intimate with her and threatened her not to tell the incident to anybody or else he will kill her. Hence, the F.I.R. 4. The petitioner is seeking quashing of the entire criminal proceeding initiated against him by the opposite party No.2 on the ground that he has settled the dispute with the victim. The investigation in the present case is still going on. 5. The matter was taken up for hearing on 25.11.2024 and the following order was passed:- <1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Mr. J.N. Panda, Advocate enters appearance on behalf of the informant/victim by filing Vakalatnama in Court today, which is taken on record. 3. Heard. 4. The petitioner is an accused in connection with Gondia P.S. Case No.280 of 2024 corresponding to C.T. (Special Case) No.48 of 2024 pending in the Court of learned Judge, Special Court, Dhenkanal. 5. The informant/victim appeared in person before this Court being identified by her counsel and she has filed her self-attested xerox copy of Aadhar Card to establish her identity, which is taken on record. 6. Investigation in this case is still on. The statement of the victim was recorded under Section 164 of Cr.P.C. The petitioner is now in Page 2 of 5 custody. The victim files an affidavit dated 25.11.2024 today, inter alia, stating between <2. That it is relevant to mention here that, I have love affairs with the Abhinash Behera who is the petitioner in this Criminal Misc. Case, but due to misunderstanding the petitioner and me, I have lodged this F.I.R. against him. 3. That in the meantime my marriage has been fixed by my family members at another place with my consent and if this matter will come to the knowledge of my would-be matrimonial home, my life will be seriously matrimonial affected. Thus, above these circumstances, I don’t want to proceed with this case against the petitioner.= in 7. Learned counsel for the State is directed to obtain instruction in this matter by the next date. 8. List this matter on 17th of December, 2024. 9. The the personal informant/victim is exempted.= appearance of 6. The accused/petitioner has been enlarged on bail on 19.12.2024.The petitioner is present in Court being represented and identified by his counsel. He has also filed self attested copy of his Aadhar card to establish his identity, which is taken on record. 7. The victim in the present case who had already appeared before the Court has filed an affidavit on 25.11.2024 inter alia stating as under:- <2. That it is relevant to mention here that, I have love affairs with the Abhinash Behera who is the petitioner in this Criminal Misc. Case, but due to Page 3 of 5 between misunderstanding the petitioner and me, I have lodged this F.I.R. against him. 3. That in the meantime my marriage has been fixed by my family members at another place with my consent and if this matter will come to the knowledge of my would-be matrimonial home, my life will be seriously matrimonial affected. Thus, above these circumstances, I don’t want to proceed with this case against the petitioner. 4. That in the above circumstances, I have no objection if the Gondia F.I.R. no.280/2024 lodged by me against the petitioner is quashed for all the time= in 8. Regard being had to the fact that the victim girl is not willing to support the prosecution and she has very categorically stated that her marriage has already been fixed elsewhere. If the present case continues, her marital life would be marred under controversy. Therefore, she does not want to proceed with the case against the petitioner any more so as to save her matrimonial life. 9. Mr. Biswal, learned Additional Standing Counsel for the State submits that since the parties have settled their dispute and the victim girl has stated that she does not want to prosecute the matter, this Court may give indulgence in the present matter as there is no legal impediment. 10. Regard being had to the fact that the parties have settled their dispute and keeping in view the judgment of the Hon’ble Page 4 of 5 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 the rigors of the trial would be a futile exercise. Therefore, the petition deserves merit. 11. Accordingly, the criminal proceeding in connection with Gondia P.S. Case No.280 of 2024 corresponding to C.T. (Spl.) Case No.48 of 2024 pending in the Court of the learned Judge, Special Court, Dhenkanal and the consequential proceedings arising therefrom qua the petitioner are quashed. 12. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 06-Jan-2025 11:26:20 Page 5 of 5