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.

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 year 2019 to 2023, the Petitioner and the victim remained in regular contact through mobile phones and social media platforms, during which their relationship gradually developed and depended into a romantic relationship.

(iv) In the year 2023, the Petitioner showed disinterest towards his wife and called the complainant to India. During this period, it is alleged that the Petitioner had physical relations with the Complainant at different hotels on the assurance of marriage. It is further stated that, in the same year, the Petitioner took the Complainant to Puri, applied vermillion on her forehead, and represented her as his wife. However, it is also stated that the Complainant expressed reluctance to continue physical relations as the marriage was not formally registered.

(v) It is stated that both the Petitioner and the Victim remained in constant contact over phone calls and that their physical relationship was consensual and arose out of mutual consent. It is further stated that there was no deception or fraudulent misrepresentation on the part of the Petitioner.

(vi) The Petitioner had earlier moved an ABLAPL No. 8329 of 2025, which was disposed of on 20.09.2025.

Being aggrieved by the aforesaid facts and circumstances, the Petitioner has been constrained to approach this Court by way of the present Writ Petition.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

3. The learned counsel for the Petitioner respectfully and earnestly made the following submissions in support of his contentions:

(i) The Petitioner submits that the present petition arises out of the allegations made against the Petitioner in connection with the F.I.R. In this regard, it is stated that the Petitioner came into contact with the complainant through a WhatsApp group created by her school friends, wherein one of the members was her batchmate. Subsequently, the Petitioner and the complainant began communicating with each other and remained in regular contact through mobile phone conversations and various social media platforms.

(ii) During the course of such interactions, both parties voluntarily shared their personal and life-related issues, developed emotional attachment, and were involved in a consensual love relationship. The communications and relationship between the Petitioner and the complainant were mutual, voluntary, and without any coercion, force, or misrepresentation on the part of the Petitioner.

(iii) The Petitioner further submits that the Complainant is a major, presently residing in the USA, and was at all material times fully aware of the marital status of the Petitioner. Despite such knowledge, the Complainant, of her ow