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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
Dr. Sanjeeb K Panigrahi, J.
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.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 04.07.2023 at about 9:30 P.M., one Barsharani Ojha submitted a written report before the I.I.C., Dharmasala Police Station. In the said report, she alleged that Petitioner No.1 had been in a love relationship with her for a considerable period of time. It was further alleged that they had gone to Puri together, where Petitioner No.1 promised to m
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.
FIR alleging rape on false marriage promise quashed where consensual adult relationship sours, complainant married and ineligible to remarry, no evidence of vitiated consent or initial deceit.
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