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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Bikash Behura – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. filing of fir and victim's statement (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for quashing the fir (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's reasoning on the alleged offences (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. order to quash the fir (Para 22 , 23 , 24) |
Judgment :
Savitri Ratho, J.
1. This CRLMC has been filed with the following prayer:-
“The Petitioner therefore most humbly prays that this Hon’ble Court be graciously pleased to allow this application and be pleased to quash the impugned FIR vide Annexure-1 and the impugned proceeding registered on the basis of such FIR vide Sukinda C.T. No. 268 of 2024 pending on the files of the Court of learned GN-Cum-JMFC, corresponding to Sukinda P.S. Case No. 138/2024;
And pass such other order/orders as this Hon’ble Court deems fit and proper in the facts and circumstance of the case;
And for this act of kindness the Petitioner shall as in duty bound ever pray.”
PROSECUTION CASE
2. On 19.04.2024, the victim submitted a written report in the Sukinda Police Station leading to registration of Sukinda P.S. Case No.138 of 2024 under Sections 493 and 376(2)(n) of the INDIAN PENAL CODE (hereinafter referred to as “the I
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It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
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The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
The court held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
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