ORISSA HIGH COURT
BINOD PANDIT @ BINOD KUMAR PANDIT – Appellant
Versus
STATE OF ODISHA – Respondent
JUDGMENT :
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 9:30P.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 marry her. On the basis of such promise of marriage, Petitioner No.1 allegedly established physical relationship with the complainant on several occasions.
(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 hi
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.
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.
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....
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Consent in sexual relationships is vitiated by a false promise to marry, establishing grounds for prosecuting alleged offenses.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.