Sk.Haidar v. State
Case brief
What is this about?
The High Court of Orissa allowed the petitioner's petition under Section 482 Cr.P.C. to quash rape proceedings where the victim informant filed an affidavit withdrawing allegations, reporting a peaceful married life, deeming it a fit case to meet the ends of justice.
What did the court decide?
The criminal proceedings in G.R. Case No.1273 of 2007 and the order dated 16th March, 2012 were quashed.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1252 of 2012
Sk. Haidar
…. Petitioner Mr. Alok Ku. Mohapatra, Advocate Mr. P.K. Nayak, Advocate
-Versus-
State of Odisha
…. Opposite Party Mr. S. S. Mohapatra, ASC
CORAM:
JUSTICE R.K. PATTANAIK
DATE OF JUDGMENT: 19.07.2022
- The petitioner invoking Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as ‘Cr. P.C.’) has filed the instant petition for quashing of the proceeding and order dated 16th March, 2012 passed in G.R. Case No.1273 of 2007 by the learned S,D,J,M, Bhadrak and for such other directions as may be considered just and proper in the facts and circumstances of the case on the grounds inter alia that the victim informant by an affidavit expressed her unwillingness to pursue the case even by denying the allegations made in the FIR which was not taken into consideration by the court below.
Issues for consideration
2 issues framed by the court
Whether criminal proceedings for rape can be quashed when the victim informant withdraws allegations citing peaceful marital life.
Whether inherent jurisdiction under Section 482 Cr.P.C. can be exercised to end prosecution despite the non-compoundable nature of the offence based on subsequent developments.
Parties & counsel
- petitioner
Sk. Haidar
- respondent
State of Odisha
Coram
R.K. Pattanaik
Case details
As recorded by the court registry
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