Papuni @ Ratikanta Nayak vs State of Orissa

I. Mahanty, J.—Heard Mr. Partha Sarathi Nayak Learned Counsel for the Petitioner, Mr. Nayak, Learned Addl. Standing Counsel for the State on behalf of Opp. Party No. 1 Mr. S.K. Zafuralla, Learned Counsel for Opp. Party No. 2 & Mr. M. Mohanty, Learned Counsel for Opp. Party No. 3.

This application has been filed by the Petitioner u/s 482 Code of Criminal Procedure. with a prayer to quash the proceeding in Naikanidihi P.S. case No. 104 of 2008 corresponding to G.R. Case No. 265 of 2008 pending in the Court of Learned J.M.F.C., Basudevpur in which the Petitioner has been arrayed as an accused u/s s 363 & 366 I.P.C. Learned Counsel for the Petitioner states that the Petitioner has already married to O.P. No. 2 Smt. Bharati Mohanty & has been blessed with a male child on 6.10.2009.

Learned Counsel for Opp. Party No. 2 Smt. Bharati Mohanty affirms the contentions advanced by the Learned Counsel for the Petitioner & states that she was in love with the Petitioner since 2007 & has married the Petitioner out of their will though her parents & other family members did not agree to the same. It is stated that she got married on 4.10.2008 & since then she is maintaining a happy conjugal life with the Petitioner & out of their wed-lock, a male child was born on 6.10.2009 at Basudevpur. In course of the investigation. O.P. - 2 Smt. Bharati Mohanty has also recorded her statement u/s 161 Code of Criminal Procedure. affirming the above.

Sri Mohanty, Learned Counsel for O.P. No. 3 on the other hand, while objecting the prayer of the Petitioner submits that Petitioner is guilty for suppression to the materials of fact i.e. pendency of WPCRL 55 of 2008 which is pending adjudication.

Learned Counsel for the Petitioner placed reliance on the judgment of the Hon''ble supreme Court in the case of Fazle Gaffar Khan and Ors. v. State of W.B. and Anr. (2000) 1 SCC (Cri.) 686 as well as a later decision of this Court in the case of Narayan Rout and Ors. v. State of Orissa and Anr. (2003) 25 OCR 244.

Considering the aforesaid facts as noted hereinabove, I am of the considered view that since Opp. Party No. 2 in her affidavit admitted her marriage to the Petitioner; further fact is that a child has been born out of their wedlock & both the parties are leading happy conjugal life, the proceeding in Naikanidihi P.S. Case No. 104 of 2008 corresponding to G.R. Case No. 265 of 2008 pending in the Court of Learned J.M.F.C., Basudevpur is quashed. The CRLMC is allowed.

Urgent certified Copy of this order is granted on proper application.

CRLMC allowed.