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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Subhendu Sekhar Sahu – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. background and details of the fir (Para 1 , 2) |
| 2. joint compromise consideration by parties (Para 3) |
| 3. substantial material disclosed in investigation (Para 4 , 5) |
| 4. inherent jurisdiction and considerations for quashing (Para 6 , 7 , 8) |
| 5. court's decision on compromise (Para 9 , 10) |
| 6. final order regarding dismissal of the crlmc (Para 11 , 12) |
JUDGMENT :
Chittaranjan Dash, J.
1. By means of this application, the Petitioner seeks to quash the entire criminal proceeding arising out of Angul Sadar P.S. CaseNo.40 of 2023 corresponding to C.T.(S) Case No.118 of 2023.
2. The background facts of the case are that on 06.02.2023, Opposite Party No. 2 lodged a written FIR with the I.I.C., Sadar P.S., Angul, alleging therein that while she and the Petitioner were pursuing their Engineering Degree in the year 2011, a friendship developed between them through mobile phone. During their study period, the Petitioner once established physical relations with Opposite Party No. 2 at Sambalpur under false pretext of marriage. After completion of their Engineering studies, the Petitioner went to Delhi for higher studies, while Opposite Party No. 2 returned to her native village. On 01.05
The High Court cannot quash rape charges based solely on victim settlement; such matters require careful scrutiny to uphold the seriousness of the crime and protect public interest.
Point of Law : Power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised to quash the criminal proceedings which involved heinous and serious offences of mental depravity or....
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
Offences like rape are not private in nature and have a serious impact on society, and therefore, the criminal proceedings cannot be quashed on the basis of settlement between the parties.
Charges of rape are of grave concern and cannot be treated in a casual manner – FIR with allegations of rape cannot be quashed on the basis of settlement between parties.
In view of settlement between parties, parties can be permitted to compound their offences.
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