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ORISSA HIGH COURT
MANOJ KUMAR MOHARANA – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
Sanjeeb K. Panigrahi, J.
1. The Petitioner has 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.156/2025, corresponding to G.R. Case No.1729 of 2025, pending before the learned S.D.J.M., Rourkela, in connection with the alleged commission of offences under Section 69 of Bharatiya Nyaya Sanhita, 2023.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows :
(i) In the year 2018, the victim came into contact with the one of her batchmates, namely Manoj Moharana, the present Petitioner, through a WhatsApp group of her school friends. The Petitioner is presently employed at Hi- Tech Medical College and Hospital, Rourkela, and is a surgeon by profession.
(ii) The complainant is a major and a resident of United States of America, and it is stated that she was fully aware of the Petitioner’s marital status and that the relationship between the parties continued with mutual consent.
(iii) It is stated that, from the
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 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.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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.
A consensual relationship does not constitute rape unless it is shown that consent was obtained through deceit or coercion, with no intention of marriage from the beginning.
Consent in sexual relationships is vitiated by a false promise to marry, establishing grounds for prosecuting alleged offenses.
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