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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Pintu Ray – Appellant
Versus
State of Orissa – Respondent
JUDGMENT :
Sashikanta Mishra, J.
The Petitioner is the sole accused in G.R. Case No.190/2023 of the Court of learned S.D.J.M., Panposh at Rourkela facing trial for allegedly committing the offences under Sections 493/417/506 of I.P.C. In the present application filed under Section 482 of Cr.P.C., he seeks quashment of the aforesaid criminal proceedings.
2. The facts of the case are that on 01.12.2023, an F.I.R. was lodged by the victim (name withheld) before the I.I.C., Mahila P.S., Sector-3, Rourkela stating therein that she and the Petitioner accused had married in the Court on 13.1.2023 at Rourkela. It was further stated that she and the Petitioner had a relationship of more than 4 years. They had earlier married in Samaleswari Temple at Sector-5 on 14.4.2021 and were living as husband and wife. However, the Petitioner being instigated by his parents inflicted physical torture on her demanding Rs.2,00,000/- as dowry.
On such complaint being lodged, Rourkela Mahila P.S. Case No.2/2023 was registered under Sections 493/417/506 of I.P.C. and investigation was taken up. Upon completion of investigation, charge sheet was submitted against the Petitioner-accused for the aforementioned off
The court ruled that allegations of deception and cheating under IPC Sections 493 and 417 were not substantiated, leading to the quashment of criminal proceedings.
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.
Allegations of dowry demands must be specific; vague claims do not justify criminal proceedings under IPC and Dowry Prohibition Act.
General and vague allegations in matrimonial disputes do not warrant prosecution; specific instances of criminal conduct are necessary for charges to proceed.
A breach of promise to marry cannot be considered a false promise unless the maker had no intention of upholding it. Section 493 IPC requires the victim to have a belief of lawful marriage and cohabi....
No offence under Section 498-A I.P.C. can be made out against a friend of the husband, as the applicant is neither the husband nor a relative of the husband.
Specific allegations are required to implicate family members in dowry-related criminal cases; general accusations without substantiation constitute an abuse of legal process.
The acceptance of a spouse in a marriage, despite prior marital status, can establish the relationship necessary for criminal charges under Section 498A IPC.
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