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Sri Ajaya Dalua vs State of Orissa and Another

Orissa High Court · Decided on 17 August 2007 · Citation: (2007) CLT 1282 (Suppl Crl) : (2007) 2 OLR 444 : (2007) OLR 1282 (Suppl Crl)

HON’BLE JUDGES
A.K. Samantaray, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 376
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Judgment

7 paragraphs · 400 words

A.K. Samantaray, J.—This Criminal Misc. Case is being disposed of at the admission stage on the consent of the parties.

2.

Heard learned Counsel for the petitioner, learned Addl. Standing Counsel as well as learned Counsel appearing for O.P.No.2-the victim lady.

3.

The petitioner has come with a prayer for quashing of a criminal proceeding in G.R.CaseNo. 183/1998 u/s 376, I.P.C. pending in the Court of J.M.F.C., Nimapara on the ground that this matter has become very old as the occurrence took place in the year 1998 and, in the meantime, the victim lady has got herself married to a person and living as housewife with offspring out of the said marriage and so also the petitioner in this case has also married elsewhere and is living with his wife peacefully and due to intervention of gentlemen of the locality the matter has been settled long since.

4.

It is also submitted that to that effect an affidavit has been sworn in and filed by the victim lady Manasi Nayak that on the face of her marriage elsewhere and that she is living peacefully with her husband it would be hazardous on her part and it will badly affect her marital life, if she is dragged to the Court to depose in the case of this nature about which she had long back lodged complaint by filing an F.I.R. It is true, that for a married lady to come to the Court and depose in a case u/s 376, I.P.C. in which he was a victim would adversely affect her family life and since she does not want to proceed with the case, and does not want to depose no fruitful purpose be served by keeping the criminal proceeding pending.

5.

It is further submitted that if such proceeding is allowed to continue and the Sessions Trial commences after commitment to the Court of Session, since the lady is not interested to speak and depose against the petitioner, it would be a futile exercise and sheer abuse of process of Court for no fruitful reason.

6.

Considering all these aspects, I find, this is a fit case where inherent powers u/s 482, Cr.P.C. should be exercised to put an end to such proceeding and in the result, therefore, I direct quashing of the G.R.Case No. 183/1998 pending in the Court of J.M.F.C, Nimapara.

7.

Accordingly, the CRLMC is disposed of.