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ORISSA HIGH COURT
SOURAV KUMAR ROUT – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
SANJEEB K. PANIGRAHI, J.
1. The present petition has been filed by the Petitioner invoking the inherent jurisdiction of this Court for quashing of the criminal proceeding initiated against him. The Petitioner, against whom allegations have been levelled of having maintained a physical relationship with the informant/Opposite Party No.2 without her consent, seeks quashment of the First Information Report registered as Bhawanipatna Sadar P.S. Case No.473 of 2025 as well as the entire criminal proceeding arising therefrom, presently pending as C.T. Case No.1007 of 2025 before the Court of the learned S.D.J.M., Bhawanipatna. The grievance of the Petitioner is that the continuation of the said criminal proceeding amounts to an abuse of the process of law and warrants interference by this Court in exercise of its inherent powers.
I. FACTUAL MATRIX OF THE CASE:
2. During the period between the years 2022 and 2023, while the informant/Opposite Party No.2 was serving as an Assistant Revenue Inspector (ARI) in the Tahasil Office at Golamunda, she came into acquaintance with the present Petitioner, who at the relevant time, was working as a Junior Revenue Assistant (JRA) in the same of
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....
The power of quashing criminal proceedings under Section 482 of the Code should be exercised sparingly and only in exceptional cases where no cognizable offense is disclosed in the FIR.
The court's inherent jurisdiction under Section 482 of the Code should be exercised sparingly and with caution, and the power of quashing should be exercised only in the 'rarest of rare cases'. The c....
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.
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 emphasized the need for caution and circumspection in exercising inherent jurisdiction under Section 482 of the Code, highlighting that quashing of proceedings should be an exception rather....
Point of law : When the information is lodged at the police station and an offence is registered then the mala fides of the third party would be of secondary importance.
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