Sibangi Sahu vs State of Odisha

S.C. Parija, J.—Heard Learned Counsel for the parties. This application under Section 482 Cr.P.C. has been filed praying for quashing of the criminal proceeding initiated against the Petitioner No. 2 in G.R. Case No. 57 of 2014, arising out of Hinjili P.S. Case No. 57 of 2014, under Section 363/ 366 IPC, pending in the Court of the Learned J.M.F.C., Hinjili. The brief facts of the case is that the informant-Opp. Party No. 2 lodged a written report before the I.I.C., Hinjili Police Station, which was registered as Hinjili P.S. Case No. 57 of 2014, under Section 363/ 366 IPC, alleging therein that on 02.03.2014, at about 5.00 P.M. his niece has been abducted by one Sibaram Patra (Petitioner No. 2) of Berhampur Town.

Learned Counsel for the Petitioners submits that the impugned FIR has been lodged on false & fabricated allegations, in as much as, the Petitioners had a long standing love affair & they decided to marry. Accordingly, they got married on 03.03.2014 & since then they are living as husband & wife & leading a happy conjugal life. It is submitted that in the meantime the parents of Petitioner No. 1 having come to know of her marriage to Petitioner No. 2, have accepted them & the informant does not want to pursue the case any further. It is accordingly submitted that in view of the fact that the Petitioners are married & the dispute between the parties has been amicably resolved & the informant- Opp. Party No. 2 does not want to pursue the matter any further, no useful purpose would be served by allowing continuance of the criminal proceeding initiated against the Petitioner No. 2, especially when the chances of his ultimate conviction are bleak.

The victim girl-Petitioner No. 1 in her statement recorded under Section 164 Cr.P.C. has clearly stated that she had love affairs with Petitioner No. 2 since long & as her parents opposed her relationship with the Petitioner No. 2 & as they had rebuked & threatened her frequently, finding no alternative, she had left her parents'' house & eloped with the Petitioner No. 2 & that she is married to Petitioner No. 2 & residing with him as his wife.

Learned Counsel for the informant submits that as the Petitioners are now married & living together as husband & wife & leading a happy conjugal life, he does not want to pursue the case any further.

Considering the submissions made & keeping in view the statement of the victim girl (Petitioner No. 1), recorded under Section 164 Cr.P.C. & also the fact that she is married to Petitioner No. 2 & leading a happy conjugal life, I feel no useful purpose would be served by allowing continuance of the criminal proceeding initiated against the Petitioner No. 2, especially when the chances of his ultimate conviction are bleak.

Accordingly, the criminal proceeding initiated against the Petitioner No. 2 in G.R. Case No. 57 of 2014, arising out of Hinjili P.S. Case No. 57 of 2014, under Section 363/ 366 IPC, pending in the Court of the Learned J.M.F.C, Hinjili & all consequential proceedings are hereby quashed. CRLMC is accordingly disposed of. Issue urgent certified copy as per rules.