Pitabasa Sahu@Tulu Vs State of Odisha

2. At the instance of the opposite party No.2, the F.I.R. in connection with Ranpur P.S. Case No.132 of 2015 corresponding to Special G.R. Case No.16 of 2015 came to be registered against the petitioner on 17.05.2015 for the alleged commission of offences punishable under Sections 448/376/294/506/34 of the IPC r/w Section 6 of the POCSO Act, pending in the Court of learned Additional Sessions Judge-cumSpecial Judge under POCSO Act, Nayagarh.

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3. The opposite party No.2 reported at P.S. alleging

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therein that, on 15.05.2015 at about 10 P.M. night, while the informant was alone at home, the petitioner forcibly came to her house and committed rape on her. When the informant shouted, the villagers gathered at the spot. The village people rescued the informant from the petitioner. Hence, the F.I.R.

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4. The investigation of the present case is still going on. Even after lapse of about ten years, the police has not filed the charge sheet as yet. In the meantime, the victim girl has become major. At present she is about 26 years old. She has already settled in her life by marrying somewhere else and she has been blessed with a daughter. Elongation of the present case is creating problem in her marital life. Therefore, she is not willing to proceed with the matter anymore. Since she was a minor at the time of commission of the offence and her father had filed the complaint. However, now she has moved in her life.

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5. The petitioner and the opposite party No.2 are present in the Court today. They are being represented by their respective counsel and being identified by them. They have also filed the photocopies of their respective Aadhaar Cards to establish their identity, which are taken on record.

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6 . On the intervention of the village gentries, wellwishers and family members, the matter has been settled between the parties keeping in mind that the victim girl has already settled in her marital life and

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moved on. At this juncture, the petitioner has filed the present petition seeking quashing of the entire criminal prosecution on the basis of the development which has unfolded between 2015 till today.

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7. The opposite party No.2 has filed an affidavit before this Court dated 08.04.2025, inter alia , stating as under:

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“1. That I am the informant/opposite party No.2 in the afore stated CRLMC in connection with Ranpur P.S. Case No.132 of 2015 corresponding to Special G.R. Case No.16 of 2015 now pending in the Court of the learned Addl. Sessions Judge under POCSO Act, Nayagarh for alleged offences under Sections 448/376/294/506/34 IPC, read with Section 6 of POCSO Act.

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2. That, in the meantime charge-sheet has not been filed against the petitioner, which is under challenge in the aforesaid CRLMC and the same is pending before this Hon’ble Court.

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3. That due to some misunderstanding, I have lodged the aforesaid F.I.R. before the I.I.C., Ranpur Police Station.

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4. That in the meantime due to the intervention of the local gentries, the matter has already been settled between me and my family with the accusedpetitioner. So I do not want to proceed with the case henceforth. I have no objection if criminal proceeding will be dropped.

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5. That since I am major and married with another person where I am leading my happy marital life.

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6. That, the pendency of aforesaid Special G.R. Case and since the police is not filed the charge sheet it may cause harm to my marital life, so I requested to the petitioner filing of this CRLMC accordingly he filed and now I am filing this affidavit.”

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8. Similarly, the victim girl, who is 26 years of age,

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has also filed an affidavit before this Court dated 08.04.2025, inter alia stating as under:

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1. That I am the father of the informant/victim/ opp. party No.2 in the afore stated CRLMC in connection with Ranpur P.S. Case No.132 of 2015 corresponding to Special G.R. Case No.16 of 2015 now pending in the Court of learned Addl. Sessions Judge under POCSO Act, Nayagarh, for alleged offences under Sections 448/376/294/506/34 IPC, read with Section 6 of POCSO Act.

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2. That in the meantime charge-sheet has not been filed against the petitioner, which is under challenge in the aforesaid CRLMC and the same is pending before this Hon’ble Court.

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3. That due to some misunderstanding, my daughter/opp. party No.2 have lodged the aforesaid F.I.R. before the I.I.C., Ranpur Police Station.

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4. That in the meantime due to the intervention of the local gentries, the matter has already been settled between us and the accused- petitioner. So we do not want to proceed with the case henceforth. I have no objection if the criminal proceeding will be dropped.

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5. That, since my daughter was minor at the time of occurrence and now she is major and married. Although my daughter was in love with the petitioner but I arranged the marriage of my daughter with another person where she is leading happy marital life.

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6. That, the pendency of aforesaid Special G.R. and since the police is not filed the charge sheet it may cause harm to the marital life of my daughter. So I requested to the petitioner filing of this CRLMC accordingly he filed and now I am filing this affidavit for and on behalf of my daughter.”

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9. The victim girl, who is appearing in person before this Court, on the query from the Court states that she has already married somewhere else and she has been blessed with a child and moved on in life.

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However, continuation of the present proceeding is creating problem in her marital life. Hence, she does not want to prosecute the petitioner anymore in this case and wants to put a quietus to the entire dispute.

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10. Mrs. Maharana, learned Additional Standing Counsel appearing for the opposite party No.1-State submits that the parties have settled their dispute. They have also filed an affidavit before this Court in that regard. Therefore, there is no legal impediment in quashing the present F.I.R.

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11. Regard being had to the fact that the parties have settled their dispute and they have also filed the affidavit to that regard, I am inclined to allow the present petition. In the fact scenario of the present case, subjecting the petitioner to the rigors of trial is destined to be a futile exercise. The present case is squarely covered by the judgments of the Hon’ble Supreme Court in the cases of Gian Singh v. State of Punjab and another, reported in 2012 (10) SCC 303;

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B.S. Joshi & others v. State of Haryana & another, reported in (2003) 4 SCC 675 and Madhavrao Jiwajirao Scindia & another v. Sambhajirao Chandrojirao Angre and others reported in AIR 1988 SC 709, therefore, the petition deserves merit.

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12. Taking into consideration the aforementioned judgments, the facts of the case and submissions made at the Bar, the F.I.R. in connection with Ranpur

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P.S. Case No.132 of 2015 corresponding to Special G.R. Case No.16 of 2015 pending in the Court of learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Nayagarh and the consequential proceedings arising therefrom qua the petitioner are quashed.

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13. The CRLMC is accordingly disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-Apr-2025 19:54:00

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Pitabasa Sahu@Tulu v. State of Odisha

Case brief

What is this about?

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Pitabasa Sahu@Tulu v. State of Odisha

Case brief

What is this about?

What did the court decide?

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