Babuli Hansdah vs State Of Odisha & Another .... Opp. ...
2024 Latest Caselaw 16122 Ori

Orissa High Court

Babuli Hansdah vs State Of Odisha & Another .... Opp. ... on 23 October, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        CRLMC No.3810 of 2024

             Babuli Hansdah                    ....         Petitioner

                                      Mr. D. Mohapatra, Advocate

                                    -versus-

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

                                           Mr. B.K. Ragada, AGA
                                    Mr. S.K. Das, Advocate for the
                                              opposite party no.2


         CORAM:
               JUSTICE SIBO SANKAR MISHRA

Order                              ORDER
 No.                             23.10.2024
 01.    1.     Heard learned counsel for the parties.
        2.     Mr. S.K. Das, Advocate enters appearance on behalf
        of the opposite party no.2/victim by filing Vakalatnama in
        Court today, which is taken on record.
        3.     At the instance of the opposite party no.2, the F.I.R.,
        i.e., Chandaka P.S. Case No.208 of 2021 came to be
        registered against the petitioner under Sections 33/376(2)
        (n) of the IPC read with Section 6 of the POCSO Act
        pending in the Court of learned Ad hoc Additional Sessions
        Judge (FTSC), Bhubaneswar.
        4.     The prosecution case is that the informant/victim
        presented a written report alleging therein that the present
        petitioner and the informant were in love relationship for a
        period of one year and the petitioner had kept physical
 relationship with the informant/victim on the pretext of
marriage. It is further alleged that when the informant/
victim requested the petitioner to marry her, the petitioner
assaulted her and fled away. Hence, the F.I.R.
5.    After completion of investigation, charge sheet was
submitted on 30.01.2023 for the commission of the alleged
offences under Sections 323/376(2)(n) of the IPC read with
Section 6 of the POCSO Act.     The petitioner was put to
trial. When the trial was going on, the petitioner and
opposite party no.2/victim got married. The Marriage
Certificate has been annexed to this petition as Annexure-
3 issued by the Marriage Officer, Khurda (Bhubaneswar),
Khurda dated 10.09.2024, which indicates that the
petitioner, who is stated to be 23 years of age, had married
the victim, who is stated to be 20 year of age, on
20.09.2024

. At the time of occurrence, the victim/ informant was aged about 17 years.

6. The petitioner and opposite party no.2 are present in the Court today along with their respective counsel 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.

7. On the query from the Court, the victim/informant, who is present in the Court, has stated that she has already married the petitioner and now she is residing in the house of the petitioner along with her mother-in-law. Therefore, she does not have any problem in her matrimonial life. Hence, she does not want to proceed further in this case.

8. The petitioner and opposite party no.2 have filed a joint affidavit dated 23.10.2024, inter alia, stating as under:

"6. That the petitioner solemnly affirms and undertakes that he shall not under any circumstances, desert his wife, the Opp. Party No.2 and shall maintain the marital relationship with due care, affection and responsibility. The petitioner further commits to residing with the Opp. Party No.2 and providing emotional, financial and social support as a dutiful husband, ensuring that the sanctity of the marital relationship is upheld at all times. In the event of any circumstances that may arise causing physical separation, the petitioner shall take all necessary steps to maintain communication and fulfill his duties towards the Opp. Party No.2 without abandoning or neglecting her.

9. That this Hon'ble Court is respectfully urged to consider and acknowledge the amicable settlement reached between the parties. Once the conditions are met, it is the firm understanding that the Appellant wife will no longer have any interest in pursuing the appeal. Consequently, it is earnestly requested that this Hon'ble Court, upon confirmation of compliance with the specified conditions proceeds to dispose of the appeal in accordance with the terms agreed."

9. Learned counsel for the petitioner submits that the case of the petitioner is directly covered by a Judgment of this Court in the case of Rojalin Raout & another Vrs. State of Odisha & another passed in CRLMC No.3460 of 2023.

10. Mr. Ragada, learned counsel for the State submits that since the opposite party no.2 has already attained majority and already married the petitioner, there is no legal impediment to quash the F.I.R.

11. The present petition is squarely covered by the judgments 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 Madhavraoji Wajirao Scindia and another Vrs. Sambajirao Chandrojirao Angre and others reported in AIR 1988 SC 709. Since subjecting the petitioner to the rigors of trial will be a futile exercise, I am inclined to quash the criminal proceeding.

12. In view of the aforementioned facts of the case and submission made at the bar, the F.I.R. in Chandaka P.S. Case No.208 of 2021 corresponding to T.R. Case No.392 of 2021 pending in the Court of learned Ad hoc Additional Sessions Judge (FTSC), Bhubaneswar and the consequential proceedings arising there from qua the present petitioner are quashed.

13. The CRLMC is accordingly disposed of.

(S.S. Mishra) Judge

amit

Location: HIGH COURT OF ORISSA, CUTTACK