Petition to quash kidnapping FIR against the informant's son-in-law after out-of-court family settlement; victim had married and was not a party. Court quashed the FIR and consequential proceedings qua the petitioner.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.485 of 2024
Pradeep Aguad @ Pradeep Kumar Aguad ..……. Petitioner
Mr. Bhabani Sankar Mishra, Advocate
-Versus-
State of Orissa & another ..……. Opposite Parties Mr. P.K. Maharaj, Additional Standing Counsel (For O.P. No.1) Mr. Chinmaya Mohanty, Advocate (For O.P. No.2)
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER 23.02.2024
Order No. 01.
1. At the instance of the opposite party no.2, the F.I.R. in Soro P.S. Case No.423 of 2015 arising out of S.T. Case No.223 of 2016 for the offences under Sections-363/366(A) IPC came to be registered against the petitioner. The petitioner is the elder son-in-law of the opposite party no.2. The allegation against the petitioner is that the petitioner had kidnapped his sister-in-law who was recovered subsequently. The opposite party no.2 states that his victim-daughter has already married to one Mr. Sanjaya
Biswal and they are leading a happy marital life. She is blessed with two children. Therefore, the opposite party no.2 submits that he does not want to proceed against the petitioner who is his son-in-law. The victim girl is not a party to this proceeding.
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2. The petitioner and the opposite party no.2 (the informant) are present in the Court today and they are represented by their respective counsels. They have also filed photocopies of their respective self-attested Aadhaar Cards to establish their identity, which are taken on record.
3. Learned counsel for the petitioner has filed the certified copy of the charge sheet in the Court today, which is taken on record.
4. The opposite party no.2 has also filed an affidavit dated 23.02.2024, inter alia , stating that he has settled the dispute out of the Court in order to maintain peace in the family and to save the marital life of his younger daughter who is the victim in this case.
5. Mr. Maharaj, learned Additional Standing Counsel appearing for the opposite party no.1-State submits that since the victim is not a party to the present proceeding, there may be an issue at a later stage. However, the victim girl who is the daughter of the opposite party no.2 and sister-in-law of the petitioner, has already married and living a happy marital life with one Mr. Sanjaya Biswal and they have been blessed with two children as well. Issuing notice to her at this stage may create misunderstanding in her matrimonial home. Therefore, it would be appropriate that at the request of
the opposite party no.2, who is the informant in this case, the present petition moved by the petitioner should be allowed on the ground of settlement out of the Court.
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6. Taking into consideration the facts and submissions of the learned counsels at the Bar, the F.I.R. in Soro P.S. Case No.423 of 2015 arising out of S.T. Case No.223 of 2016 pending in the Court of the learned District & Sessions Judge, Balasore and the consequential proceeding arising therefrom qua the petitioner are quashed.
7. The CRLMC is accordingly disposed of.
Subhasis/PA.
Signature Not Verified
Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 23-Feb-2024 17:42:52
1 issue framed by the court
Whether the FIR and trial proceedings for offences under Sections 363/366(A) IPC should be quashed on the basis of an out-of-court settlement between the informant and the petitioner.
2 provisions across 1 enactments
Pradeep Aguad @ Pradeep Kumar Aguad
State of Orissa
Opposite Party No. 2 (informant)
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
