Tapan Kumar Sahu vs ) State Of Odisha ..... Opp. Parties
2025 Latest Caselaw 8529 Ori

Orissa High Court

Tapan Kumar Sahu vs ) State Of Odisha ..... Opp. Parties on 20 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMC No.3676 of 2025
            Tapan Kumar Sahu             .....       Petitioner
                                                               Represented By Adv. -
                                                               Rabi Narayan Panda

                                             -versus-
            1) State Of Odisha                       .....               Opp. Parties
            2) Informant                                        Represented By Adv. -
                                                                B.K. Sahu, A.G.A.

                                                                Sukanta Kumar Sethi,
                                                                Adv. for Informant

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                            ORDER

20.09.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Mr.Sukanta Kumar Sethi, learned counsel enters appearance on behalf of the Informant by filing a vakalatnama in Court today and the same be kept on record. Registry is directed to reflect the name of Mr.Sukanta Kumar Sethi appearing for the Informant in this case in the cause list as well as in the brief.

3. Heard learned counsel for the Petitioner as well as learned counsel for the State and learned counsel for the Informant. Perused the application as well as the prayer made therein.

4. The present application has been filed with a prayer to quash the entire criminal proceeding in G.R. case No.3031 of

2022 arising out of Pirahat P.S. Case No.193 dt.20.11.2022 now pending in the Court of learned SDJM, Bhadrak.

5. On perusal of the record it appears that Pirahat P.S. Case No.193 of 2022 was registered for alleged commission of an offence punishable under Section 354(D) (1), 376(1), 376(2)(n), 34 of the IPC.

6. Learned counsels appearing from both sides at the outset contended that since the matter has been amicably resolved both the Petitioner and the informant-Opposite Party No.2 do not want to proceed further in the present case. It was stated before this Court that the victim-informant has married elsewhere, as such, she does not want to proceed further in this case. Hence, the parties have approached this Court for quashing of a proceeding which involves an offence under Section 376 of the IPC.

7. Learned counsel for the State on the other hand seriously objected to quash the entire criminal proceeding on the ground that the offences are alleged is heinous in nature. She further contended that quashing of such type of criminal offence would be against the spirit of law and contrary to the judgment of the Hon'ble Supreme Court. The offences alleged are against the society, therefore, it has been specifically held by the Hon'ble Supreme Court in Gian Singh v. State of Punjab & Anr. reported in (2012) 10 SCC 303 & B.S. Joshi & Ors. v. State of Haryana & Anr. reported in (2003) 4 SCC 675, that such offences cannot be quashed at the threshold.

8. Taking into consideration the nature of the allegation as well as the fact that the case is of the year 2022, the learned trial

court shall do well to expedite the trial and make every endeavour to conclude the trial and to record the evidence of the victim as expeditiously as possible within a period of six months from the date of communication of a copy of today's order.

9. Further, while disposing of the present application, this Court grants liberty to the Petitioner to surrender before the learned SDJM, Bhadrak in the aforesaid case in the first hour within four weeks hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

10. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

11. Accordingly, the CRLMC is disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 20-Sep-2025 16:31:03