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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Binod Pandit @ Binod Kumar Pandit – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. petitioners' arguments against allegations. (Para 3) |
| 3. court's analysis of the situation. (Para 5 , 6 , 8) |
| 4. legal reasoning and implications. (Para 7 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. court's final order and conclusion. (Para 15 , 16 , 17) |
JUDGMENT
1. The Petitioners have instituted the present Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure, 1973/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the inherent jurisdiction of this Court, seeking quashing of the FIR and the Criminal Proceedings arising out of P.S. Case No.408 of 2023, corresponding to C.T. Case No.1152 of 2023, pending before the learned J.M.F.C, Chandikhole.
2. The brief facts of the case are as follows:
(ii) On 03.07.2023, the Petitioner No.1 allegedly informed the complainant over telephone that his marriage has been solemnized by his parents against his will. Thereafter, the Complainant went to the village of Petitioner No.1, where he allegedly denied having any love relationship her.
(iv) During the course of investigation, the Investigating Officer recorded the statements of the witnesses, including that
The court established that consensual relationships, despite existing marriages, do not constitute criminal offences absent force or deception, allowing for quashing of wrongful prosecution.
The court quashed the FIR and proceedings due to the consensual nature of the relationship, finding no prima facie evidence of any offence committed by the Petitioners.
A consensual relationship between adults who are fully aware of each other's marital status does not constitute an offense under the relevant laws, thereby quashing the related FIR.
The court ruled that a consensual relationship, despite marital status, does not constitute a criminal offense under applicable law, emphasizing mutual consent and awareness in all interactions.
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
The inherent jurisdiction of the High Court to quash criminal proceedings requires exceptional circumstances; unproven allegations cannot justify termination at the outset, as factual disputes must b....
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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