Orissa High Court
Titu Sahu vs State Of Odisha And Another .... ... on 3 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4754 of 2024
Titu Sahu .... Petitioner(s)
Dr. J. R. Dash, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. S. J. Mohanty, ASC
Mr. R. K. Sahu, Advocate
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 03.03.2025
02. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. dated
26.05.2022 in Kegaon P.S. Case No.110 of 2022 came to be
registered against the petitioner for the alleged commission of the
offences under Sections 363 of I.P.C. On the ground of settlement,
the petitioner is seeking quashing of the F.I.R and consequential
proceedings.
3. The allegation against the petitioners in the F.I.R. is that,
on 26.05.2022, the informant being the elder father of the victim
lodged a written report alleging therein that on 24.05.2022, his
niece aged about sixteen years has gone somewhere and after
repeated search, she is not found. He suspected that the present
petitioner of his village had kidnapped her daughter. Hence, this
case.
4. The investigation in the present case is still going on. At
this stage, the parties have settled their dispute.
5. The petitioner, the opposite party No.2 (informant) and the
victim are present in the Court and being represented and identified
by their counsels. They have also filed self-attested copy of their
Aadhaar Cards to establish their identity, which are taken on record.
6. The victim, who is present in Court today filed an affidavit
dated 03.03.2025 inter alia stating as under:-
"2. That the petitioner has filed above numbered
CRLMC application for quashing the F.I.R. lodged by my
uncle as stated above. As per allegation of my uncle
regarding my kidnap. The Kegaon Police registered the
above case U/S 363 of IPC against him.
3. That in the meantime my marriage has been solemnized
with the petitioner (accused person) in the month of May,
2024 as per the advice of our well wishers and friends.
4. That after my marriage with the petitioner, we are
leading a happy conjugal life and if this case further
proceeds, peace between us may be disturbed. Hence, I,
my parents and my uncle (Informant) do not want to
proceed with the case.
5. That on the alleged date of occurrence there was
misunderstanding that I have been kidnapped by the
accused but my uncle later found that I had gone to my
maternal uncle's house at Asural in the district of
Bolangir.
6. That now the relationship between us is very good and
peaceful. There is no ill will between us. Hence to keep
good relationship in the society as well as in our family, I
don't want to proceed against the accused on the basis of
allegation made in the F.I.R."
The opposite party No.2, who is the elder father of the
victim girl has also filed an affidavit dated 03.03.2025 reiterating
the same stand.
7. On query from the Court, the victim girl submits she has
already married with the accused-petitioner on 20.05.2024 and
leading a happy conjugal life. The father of the accused-petitioner
namely Manmath Sahu is also present in Court and submits that
their family members have accepted the victim girl as their
daughter-in-law.
8. Mr. Mohanty, learned Additional Standing Counsel for the
State submits that since the dispute is primarily arising out of a love
affairs and the parties have settled their dispute and the victim girl
has stated that she does not want to prosecute the matter as she has
already married the petitioner-accused, this Court may give
indulgence in the present matter as there is no legal impediment.
9. Regard being had to the fact that the parties have settled
their dispute, to save the marriage of the victim girl 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 petitioners to the rigors of the trial would be a futile
exercise. Therefore, the petition deserves merit.
10. Accordingly, the criminal proceeding in connection with
C.T. Case No.350 of 2022 arising out of Kegaon P.S. Case No.110
of 2022 pending in the Court of the learned S.D.J.M., Dharamgarh
and the consequential proceedings arising therefrom qua the
petitioner are quashed.
11. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna
Location: High Court of Orissa
