Shaktiman Pihan vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 6859 Ori

Orissa High Court

Shaktiman Pihan vs State Of Odisha And Others .... Opposite ... on 9 April, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No. 800 of 2025
                 Shaktiman Pihan                 ....               Petitioner(s)
                                           Mr. Manoranjan Muduli, Advocate


                                           -versus-


             State of Odisha and others          ....          Opposite Party(s)
                                                      Ms. S. Moharana, ASC
                                          Mr. S.S. Dash, Advocate (O.P.No.2)


                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               09.04.2025

 03.        1.        Heard.

2. At the instance of the opposite party No.3, the F.I.R. in

Narasinghpur P.S. Case No. 13 of 2024 came to be registered

against the petitioner which corresponds to C.T. Case No. 92 of

2024, pending in the court of the learned P.O., Special Court under

SC & ST (POA) Act, Cuttack.

3. The allegation against the petitioner is that the informant

opposite party no.3 on 16.01.2024 at about 9.30 AM lodged a report

in the police alleging therein that while her daughter has been to

studying at Narasinghpur college . On 16.01.2024 after attending

college she did not return home. They searched all the probably

places but could not trace her. After that they got information that

one accused namely Saktiman Pihan of village Subalaya along with

his associates kidnaped her daughter forcefully in their vehicles.

Hence, the FIR.

4. After investigation, charge sheet in the present case has

been filed on 10.05.2024 for alleged commission of offences

punishable under sections 376(1)/ 376(2) (n)/ 294/ 506/417/420 of

IPC read with Section 3(1) (r)/3(1) (s)/3(1) (w) /(i)/3 (2) (va)/3 (2)

(v) of S.C & S.T (PoA) Act. Subsequent thereto on 10.07.2024, the

learned P.O., Special Court under SC & ST (POA) Act, Cuttack has

taken cognizance of offences against the petitioner as mentioned

above. Before the charge is framed and the trial commence, the

parties have entered into a settlement and on the basis of the

settlement terms, the present petition has been filed seeking

quashing of the entire criminal prosecution. During investigation,

statement of the victim under Section 164 Cr.P.C. has been

recorded. The victim in her statement inter alia stated that the

petitioner has promised to marry her and on that pretext started

relationship with her and when he forced him to go for registered

marriage, the petitioner has only applied online registration for

marriage. However, the same has not yet been executed. She further

stated that she has been humiliated by the family members of the

petitioner because she belongs to lower caste. On the basis of the

statement of the victim recorded under Section 164 Cr.P.C. and

other evidence collected by the police, charge sheet in the present

case has been filed. Presently, opposite party no.2, the victim has

decided to move on in her life and settle independently without

having any kind of lien with the petitioner. With this understanding,

she has given her consent to file the present petition for quashing of

the entire criminal prosecution.

5. The petitioner and opposite party no.2, the victim and

opposite party no.3, the informant are present in 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. The opposite parteis no.2

and 3 have earlier filed an affidavit dated 30.12.2024. The

petitioner and opposite parties no.2 and 3 have also filed a separate

affidavit dated 09.04.2025 inter alia stating as under:-

"1) That, in the present CRLMC Application the opp.no-2 is the complainant of Narasinghpur P.S. Case No. 13/2024 corresponding to C.T. Case No.92 of 2024, which is pending in the Court of learned PO, Spl. Court under SC & ST (POA) Act, Cuttack.

2) That, the prosecution story in short as mentioned in the FIR, mother of the op.no- 3 lodged the report on 16.01.2024 stating to the fact that the opp.no-3, her daughter(aged about 18 years) at studied at Narasinghpur college and did not return to her house, after that they got information that the present petitioner village of Subalaya along with his associates kidnapped her forcefully their vehicle. The occurrence has taken place on 16.01.2024 and at that time the opp. No-3 has already attend the age of 18 years. After that they were known that the both are love to each other and after developed the love relation the petitioner and the opp.parties no-3 voluntarily eloped their house, so this is the present case.

3) That, due to misunderstanding between the parties we have filed this case which is compromised in between us due to intervention of our well-wishers, village gentries and presence of the family members the dispute among us has been settled and peace has been restored.

4) That, due to intervention of the village gentries, family well-wisher of both the parties have arrived at a compromised in between us for the betterment of the opp.no-3 future with the fixed in the following terms and conditions:-

a. That, opp.party no-2 is the mother of the opp.no-3 and searching for bridegroom for the marriage purpose of her daughter. But before marriage her daughter, wants to decide that to resolve the above noted case, so the future of her daughter will not spoil by this case. b. That, the opp.parties are compromised the case in her own volition. The opp.parties are not interested to prosecute the cases further and jointly approached the court for quashing of proceedings.

c. The possibility of conviction in the backdrop of parties having come to an agreed terms and not willing to prosecute the case further.

d. The criminal prosecution will result in injustice to the opp.no-3 and its closure would only promote their well- being.

e. The continuance of the criminal proceedings and the participation of the opp.no-3 in that proceedings would adversely affect the mental, emotional, and educational

well-being of the opp.no-3 and protracted trial may possibly stigmatize the opp.no-3 herself. f. The natural disposition and instinct of the opp.no-3 who has settled in her life marry with to another person to protect her and her present and future progenies in the best interest of the family.

g. That, they are one locality one village and one sahi, so the peace and amity already have been restored between the petitioner and the opp.parties and now both the parties pull well-being a friend and there is no enmity at all between them. Hence, the opp.parties does not want to further proceed with the case h. That, in view of the above compromised us, we do not want to precede this case further against petitioner and the opp.parties has no objection, if the hon'ble court quashed the case.

i. That, the petitioner is undertakes not to file any case against the opp.parties and also not to harass mentally, physically and socially to the opp.parties after conclusion of the case.

j. That, we are swearing this affidavit only for the purpose of consideration of quashing the present case against the petitioner.

k. That, we are swearing this affidavit without any threat, coercion and undue influence.

1. That, we are swearing this affidavit with my sweat will and without any pressure.

m. In the cases where trial is at advance stage and evidence of the victim has not recorded, High Court should be circumspect while exercising plenary jurisdiction under section 482 Cr.P.C The conditions for exercising the jurisdiction under Section 482 Cr.P.C for quashing the criminal proceedings in such cases cannot be exhaustively postulated, therefore, every case has to be dealt with on its own facts in the light of parameters enumerated hereinabove."

5) That, the petitioner is ready to bear all the expenditure for both the parties as regards to the case is concern till disposal of this case. That, the petitioner is a student of DMRT and is a good student.

6) That, the above P.S. case has been initiated that due to previous enmity and misunderstanding of the both petitioner and opp.parties.

7) That, after peruse the case record as well as the 161 Cr.P.C., both the petitioner and the opp.no-3 had love affairs with each other. The opp.no-3 is a major and voluntarily left the house. After that the petitioner had neither forcefully physically intimated with opp.party no-3 nor sexually assault to the opp.parties no-3 in the present case.

8) That, it is humbly submitted here that, the opp.parties and the petitioner are belong to the one village and neighbor of the same area and known to each other very well due to some dispute relating a nominal cause and with a motive to take revenge, this case has been initiated against the petitioner.

9) That, in view of the above compromised us, we do not want to proceed this case further against petitioner and the opp.parties has no objection, if the hon'ble court quashed the case.

10) That, we are swearing this affidavit with my sweat will and without any pressure.

11) That, we have no objection if the Hon'ble court considered favourably the CRLMC application of petitioner person.

12) That, the facts stated above are true to best of my knowledge and belief."

6. Opposite party no.2, the victim and her mother-opposite

party no.3, the informant are present in Court, on query from the

Court they stated that on the intervention of the village gentries and

well-wishers the matter has already been settled. The victim wants

to settle herself independently without any relationship with the

petitioner. Pendency of the present case is creating serious issues in

the family life of the opposite parties. Hence, they decided not to

further proceed in the matter. And put aquitous.

7. Ms. Moharana, learned counsel for the State submits that

the parties have arrived at a settlement and filed affidavit before this

Court and at present the victim is a major she has her own decision

to deal her life independently and move on. Hence, there is no legal

impediment in giving indulgence.

8. Regard being had to the allegation made by the opposite

party no. 3 against the petitioner and the statement of the opposite

party no.2 and the fact that they have settled the dispute and filed

affidavit before this Court, I am inclined to allow the present

petition. Further, continuation of the present proceeding will not

enure to the benefit to either parties and, therefore, in these

circumstances subjecting the petitioner to rigors of the trial is

destined to be futile exercise. The case of the petitioner is directly

covered by 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.

9. Accordingly, the criminal proceeding in connection with

Narasinghpur P.S. Case No. 13 of 2024 corresponding to C.T. Case

No. 92 of 2024, pending in the court of the learned P.O., Special

Court under SC & ST (POA) Act, Cuttack is quashed.

10. The CRLMC is accordingly disposed of.

(S.S. Mishra) Judge Ashok

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA

Location: High Court of Orissa Date: 10-Apr-2025 18:05:19