Smt. Anusha Dhuli @ Nagabansa vs State Of Orissa And Others
2022 Latest Caselaw 7242 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLMC No.3434 of 2022

            Smt. Anusha Dhuli @ Nagabansa              ....                 Petitioner
            Anusha
                                                       Mr. P.K. Mishra, Advocate

                                            -Versus-


            State of Orissa and Others                  ....      Opposite Parties
                                                Mr.S.S. Mohapatra, ASC, OP No.1
                                                         None for OP Nos.2 & 3


                        CORAM:
                        MR. JUSTICE R.K. PATTANAIK

                                          ORDER

09.12.2022

Order No.

03. 1. Heard learned counsel for the respective parties.

2. Mr. Mishra, learned counsel for the petitioner submits that in view of the marriage of the petitioner, the criminal proceeding in connection with T.R. Case No.06 of 2017 pending in the court of learned Additional Sessions Judge-cum-P.O., Special Court, Rayagada corresponding to Gunupur P.S. Case No.23 of 2017 should be quashed.

3. Perused the affidavit filed by opposite party No.2.

4. Mr.Mohapatra, learned ASC for the State objects to the quashing of the criminal proceeding since because the petitioner is not married to opposite party No.3 and that apart, the petitioner is a minor at the time of the alleged incident and any such quashing of the criminal proceeding would be unjustified and against law. In support of such submission, learned State Counsel cites a decision of the Apex Court in the case of Daxaben Vrs. The State of Gujarat reported in 2022 SCC Online SC 936.

5. Learned counsel for the petitioner is requested to go through the judgment and respond back on the next date.

6. List this matter on 10th January, 2023.

7. It is made clear that the presence of the parties need not be required on the next date and hereby dispensed with.

8. Interim order passed earlier shall continue till the next date.

(R.K. Pattanaik) Judge U.K.Sahoo