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2014 DIGILAW 423 (ORI)

Sansuri alias Khageswar lenka v. State of Odisha

2014-07-15

S.C.PARIJA

body2014
ORDER CRLMC No. 2520 of 2014 & Misc. Case No. 1790 of 2014 15.07.2014 - Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for the informant-opposite party No.2. This application under Section 482 Cr.P.C. has been filed by the accused-petitioners praying for quashing of the criminal proceeding initiated against the petitioners, in G.R.Case No. 295 of 2009, arising out of Kendrapara, Rajkanika P.S.Case No. 56(1), dated 06.06.2009, pending in the Court of learned JMFC, Aul, under Sections 341/294/354/506/34 IPC and Section 3 of S.C. & S.T. (P.A.) Act and the order of cognizance passed therein. The brief facts of the case is that the informant-opposite party No. 2 lodged a written report before the IIC, Rajkanika Police Station, Kendrapara, which was registered as Rajkanika P.S.Case No. 56 of 2009, alleging therein that on 05.06.2009 at about 11.00 P.M., while the informant had gone out of the house to attend the call of nature, the accused-petitioner No.1 obstructed her on the way and caught hold of her from the back side and sexually abused her. On her shouting, the villagers gathered there but at that moment the accused-petitioners fled away from the spot. After returning home, she narrated everything before her parents, who went to the house of the accused persons, but they have been abused in filthy language and threatened of dire consequence by the family members of the accused petitioners. The police after completion of investigation submitted charge-sheet against the accused persons-petitioners for commission-of offence under Sections 341/294/354/506/34 IPC and Section 3 (1)(x) of S.C. & S.T. (P.A.) Act and the learned Magistrate took cognizance against the present petitioners and two others vide order dated 02.05.2012. It is submitted that the impugned FIR has been lodged on false and fabricated allegations, inasmuch as, the informant had love affairs with the petitioner No.1 and as they belong to different caste, the family members of the accused petitioners opposed the said relationship. It is further submitted that in the meantime the informant has married to one Rabindra Naik of Balabhadrapur in the district of Bhadrak in the year 2010 and she is now residing with her husband and two children and leading a happy married life. It is further submitted that in the meantime the informant has married to one Rabindra Naik of Balabhadrapur in the district of Bhadrak in the year 2010 and she is now residing with her husband and two children and leading a happy married life. It is submitted that after marriage of the victim girl (informant), the matter has been amicably resolved between the parties on the intervention of the well-wishers and the informant does not want to proceed with the case any further, especially when the same will adversely affect her happy married life. It is accordingly submitted that in view of the compromise entered into between the parties and as the informant does not want to continue with the criminal proceeding against the petitioners any further, no useful purpose would be served by allowing continuance of criminal proceeding against the present petitioner, especially when the chance of their ultimate convictions are bleak. The informant-opposite party No.2 in her affidavit has stated that in the meantime the disputes between the parties have been amicably settled in the presence of the villagers and the parties are residing peacefully in the village without any disturbance. It is further stated in the said affidavit that the further continuance of criminal proceeding is bound to disturb her happy marital life. Considering the submissions made and keeping in view the affidavit filed by the informant-opposite party No. 2 and also the fact that the matter has been amicably resolved between the parties, I find no useful purpose would be served by allowing continuance of the criminal proceeding against the petitioners, especially when the chances of their ultimate convictions are bleak. Accordingly, the criminal proceeding initiated against the petitioners in G.R.Case No. 295 of 2009, arising out of Kendrapara, Rajkanika P.S.Case No. 56 (1), dated 06.06.2009, pending in the Court of Learned J.M.F.C., Aul, under Sections 341/294/354/506/34 IPC and Section 3 of S.C & S.T. (P.A.) Act and the order of cognizance passed therein and all consequential criminal proceedings are hereby quashed. CRLMC is accordingly disposed of. Interim order dated 15.05.2014 stands vacated. Misc. Case is accordingly disposed of. Issue urgent certified copy as per rules. CRLMC disposed of.