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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Sujit Naik @ Suryakanta Naik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of kidnapping case. (Para 1 , 2 , 3 , 4) |
| 2. victim's marriage and withdrawal of complaint. (Para 5 , 6 , 7 , 8) |
| 3. arguments for quashing proceedings. (Para 9 , 10 , 11) |
| 4. court’s reasoning and authority under section 482. (Para 12 , 13 , 14 , 15) |
| 5. conclusion quashing criminal proceedings. (Para 16 , 17 , 18) |
JUDGMENT :
Savitri Ratho, J.
This application under Section 482 Cr.P.C. has been filed by the petitioner who is the accused in C.T. (Special) Case No. 34 of 2019, arising out of Tumusingha P.S. Case No. 56 of 2019, pending in the Court of the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Dhenkanal for quashing the criminal proceeding.
2. The prosecution case in brief as per the FIR lodged by opposite party No.2, father of the victim girl is that the petitioner had kidnapped his minor daughter on 25.05.2019 at about 9.00 pm, giving her the enticement of marriage. As he feared that her life was in danger, he searched for her and on 05.06.2019 at 6.00 a.m. learnt that her marriage was going to be solemnized and lodged FIR.
3. The police conducted investigation and examined the victim and other witnesses. The opposite party No.
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
The court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
The court exercised its inherent powers to quash proceedings under the POCSO Act where the alleged victim retracted her statements and married the accused post-complaint.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
Criminal Law - Seeking quash of FIR/ Proceedings - Power under Section 482 Cr.P.C. and further even otherwise, in view of statement of complainant, if criminal proceedings are allowed to continue sam....
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