Simanchal Swalsingh & vs State Of Odisha & Another .... Opp. ...
2024 Latest Caselaw 16242 Ori

Orissa High Court

Simanchal Swalsingh & vs State Of Odisha & Another .... Opp. ... on 5 November, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         CRLMC No.4063 of 2024

             Simanchal Swalsingh &              ....       Petitioners
             others

                                  Mr. Jyotirmaya Sahoo, Advocate

                                     -versus-

             State of Odisha & another          ....      Opp. Parties

                                        Mr. S.N. Biswal, Advocate
                                        Mr. A.K. Budhia, Advocate

         CORAM:
               JUSTICE SIBO SANKAR MISHRA

Order                              ORDER
 No.                             05.11.2024
 01.    1.     Heard learned counsel for the parties.

2. At the instance of the opposite party no.2, the F.I.R., i.e., Mohana P.S. Case No.152 of 2023 came to be registered against the petitioners under Sections 294/323/313/376(2)(n)/376(3)/506/34 of the IPC read with Sections 6 of the POCSO Act pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Paralakhemundi, Gajapati.

3. The prosecution case is that the petitioner no.6 with the assurance of marriage, kept physical relationship with the informant/opposite party no.2. In the month of July, 2023, a meeting was convened in the village. In the said meeting, the petitioner no.6 accepted the informant as his wife and kept her in his house. After five day, he forcibly thrown her from the house. When the informant informed the matter to the petitioners, they assaulted and threatened to kill her. Hence, the F.I.R.

4. The investigation in this case is still going on. When the matter stood thus, the parties have settled their dispute and accordingly, the present petition is filed.

5. All the petitioners and opposite party no.2 are present in the Court today along with their respective counsels and identified by them. They have also filed their self attested copies of the Aadhaar Cards to establish their identity, which are taken on record.

6. The opposite party no.2 has filed an affidavit dated 05.11.2024, inter alia, stating as under:

"4. Statement of facts: That I have lodged a written report before the IIC, Mohana Police Station vide Mohana P.S. Case No.152 dated 28.09.2023 U/s.294/323/313/376(2)(n)/376(3)/506/34 of IPC r/w Section 6 of POCSO Act and in the meantime, the matter has been amicably settled/compromise between us by the intervention of the local gentries, family members of both parties and well wishers. Now, the petitioner No.6 had got married to the informant (Opp. Party No.2) on 17.07.2024 and residing together as Husband and Wife. As such, I do not want to proceed further in this case."

8. Although in the petition, opposite party no.2 is stated to be 18 years, however, learned counsel for the petitioner submits that the opposite party no.2 is aged about 20 years. She has already married the petitioner no.6 and she is being accepted as wife of the petitioner no.6 by her in-laws. Therefore, she does not want to proceed against the petitioners. Hence, she joins with the petitioners seeking quashing of the F.I.R.

9. Mr. Sahoo, learned counsel for the petitioners submits although the case has been registered under Section 6 of the POCSO Act, however, the case of the petitioners is squarely covered by the judgment of this Court reported in 2024 (II) ILR CUT 718 (Rosalin Rout and another Vrs. Sate of Odisha and another). Therefore, this Court can give indulgence to the petitioners by quashing the criminal proceeding. Investigation is still on and at the threshold stage, the parties have settled their dispute.

10. Mr. Biswal, learned counsel for the State submited that the parties have settled their dispute and the informant does not want to proceed with the case against the petitioners. Therefore, in the peculiarity of the present case, this Court can give indulgence as there is no legal impediment.

11. Regard being had to the aforementioned circumstances, since the parties have already settled their dispute and the opposite party no.2 has already married petitioner no.6 and leading a happy conjugal life, Mohana P.S. Case No.152 of 2023 corresponding to G.R. Case No.34 of 2023 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Paralekhumundi and the consequential proceedings arising therefrom qua the petitioners are quashed.

12. The CRLMC is accordingly disposed of.

(S.S. Mishra)

Location: HIGH COURT OF ORISSA, CUTTACK Judge Date: 07-Nov-2024 13:28:48 amit