Orissa High Court
Babu @ Prakash @ Rajat vs State Of Odisha And Others .... Opposite ... on 17 May, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3793 OF 2023
Babu @ Prakash @ Rajat .... Petitioner(s)
Behera
Mr. J. Pal, Advocate
-versus-
State of Odisha and others .... Opposite Party(s)
Mr. B. K. Ragada, AGA
Mr. A. K. Saa, Advocate for O.Ps.2 & 3
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
17.05.2024
Order No.
07. 1. Heard.
2. This matter was taken up for hearing on 04.04.2024 and
this Court has passed following order:-
<1. On 21.03.2024, a coordinate Bench of this
Court assigned to hear the matter had directed
the petitioner and the opposite party No.2 to
appear before the Court on the next date, i.e.
today. Since the said Bench is not functioning
today, on being mentioned in the first hour that
the parties have appeared in the Court today but
the matter has not been listed, the prayer to take
up the case today was allowed. The case has
been listed on Special Notice and is taken up.
2. The petitioner- Babu @ Prakash @ Rajat
Behera, who is present in Court is duly
identified by Mr.Jaydeep Pal, learned counsel
for the petitioner. The opposite party No.2-
Durga Charan Beura and opposite party No.3
(name withheld) are present in Court today and
are identified by their counsel - Mr.Amit
Kumar Saa. They have submitted that they do
not want to proceed with the case for which
they have filed separate affidavits stating that
since opposite party No.3 has already got
married, the continuance of G.R. Case No.1219
of 2019, pending in the file of the learned
Sessions Judge-cum-Special Judge (POCSO),
Kendrapara against her would cause
disturbance in her marital life.
3. The affidavit by opposite party No.3 is filed
in Court today. In the said affidavit, it has been
stated that as per her Aadhar card, her date of
birth is 16.04.2000. She was a major on the
date of occurrence and a copy of the Aadhar
card has been annexed as Annexure-A/3 to the
affidavit. She has further stated that in the
meanwhile she has got married elsewhere and
is leading a happy marital life with her husband
and she does not want to proceed the aforesaid
G.R. case as her marital life will be disturbed if
she will pursue the case. As there has been an
amicable settlement between her family and
family of the petitioner, she does not want to
proceed further in the matter. The said affidavit
is taken on record.
4. The personal appearance of the petitioner
and opposite party Nos.2 and 3 is dispensed
with for the time being.
5. Mr. S.S.Mohapatra, learned Addl. Standing
Counsel submits that the case diary has been
received.
6. List this matter on 09.04.2024 before the
assigned Bench.=
3. The Petitioner and Opposite Party No.2 are present in the
Court and being represented and identified by their respective
counsels. They have also filed self-attested copies of their Aadhaar
Cards to establish their identity, which are taken on record.
4. Since the parties have settled their dispute, the Petitioner
has moved the present petition for quashing of the entire criminal
prosecution initiated against him.
5. The Opposite Party No.3 has already appeared before this
Court on 04.04.2024 and stated that she does not want to proceed
with the case against the Petitioner anymore because she has
already married elsewhere.
6. Mr. Ragada, learned Additional Government Advocate for
the State submits that since the parties have settled their dispute and
the victim/Opposite Party No.3 stated to have settled in Assam after
her marriage, she does not want to prosecute the case against the
Petitioner. On query from the Court, the father of the victim girl
who is present in the Court being Opposite Party No.2 has also
submits that he does not want to prosecute the Petitioner anymore
in view of the settlement.
7. Taking into consideration that the parties have settled their
dispute and keeping in view the judgment of the Hon'ble Supreme
Court in the cases of Gian Singh vs. State of Punjab and another
reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of
Haryana & another reported in (2003) 4 SCC 675, I am of the
considered view that subjecting the Petitioner to trial would be a
futile exercise. Therefore, the petition deserves merit. Accordingly,
the criminal proceeding in G.R. Case No.1219 of 2019 arising out
of Patkura P.S. Case No.230 of 2019 pending in the Court of the
learned Additional Sessions Judge-cum-Special Judge (POCSO),
Kendrapara and the consequential proceedings arising therefrom
qua the Petitioner are quashed.
8. The CRLMC is disposed of.
(S.S. Mishra)
Judge
Swarna
Location: High Court of Orissa
