Orissa High Court
Susanta Mahapatra vs ) State Of Odisha ….. Opp. Parties on 23 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2612 of 2025
Susanta Mahapatra ..... Petitioner
Represented By Adv. -
Biswajit Ranjan
Tripathy
-versus-
1) State Of Odisha ..... Opp. Parties
2) The Victim Represented By Adv. -
U.R. Jena, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
23.07.2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State. Perused the application as well as the
documents annexed thereto.
3. By filing the application under Section 482 of Cr.P.C., the
Petitioner seeks to invoke the inherent jurisdiction of this Court to
quash the criminal proceeding arising out of Mohana P.S. Case
No.155 of 2020 corresponding to G.R. Case No.35 of 2020
pending in the court of learned Special Judge-cum-Addl. Sessions
Judge, Paralakhemundi, Gajapati for commission of offence under
Page 1 of 3.
Sections 363, 366,323,368,376(3),34 of I.P.C. read with Section 6
of POCSO Act and Section 66(E) of I.T. Act.
4. Learned counsel for the Petitioner at the outset contended
that in the meantime the matter has been amicably settled between
the family of the Petitioner and informant. He further contended
that the Petitioner has agreed to marry the informant. On such
ground, learned counsel for the Petitioner prayed that the entire
criminal proceeding be quashed in the interest of justice.
5. Learned counsel for the State on the other hand objected to
the maintainability of the present application. He further
submitted that the ground taken in the application is not a good
ground for quashing of the entire criminal proceeding.
6. Learned counsel for the Petitioner further submitted that the
informant-Opposite Party is also not interest to proceed the matter
further. Accordingly, an application has been filed before the
learned trial court under Section 311 of the Cr.P.C. to recall the
victim and for her re-examination as recording of her statement.
7. Taking into consideration the submissions made by the
learned counsels appearing for the respective parties, on a careful
examination of the materials on record, further keeping in view
the gravity and seriousness of the allegation, this Court is not
inclined to quash the present criminal proceeding. However, while
disposing of the present application, the trial court is directed to
consider and dispose of the application under Section 311 of the
Cr.P.C. filed at the instance of the accused-petitioner as
expeditiously as possible before conclusion of the trial.
Page 2 of 3.
8. Accordingly, the CRLMC is disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge
Anil
Signature Not Verified Page 3 of 3.
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 24-Jul-2025 14:03:40
[ad_1]
Source link