AJIT KUMAR SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C') has been filed with a prayer to quash the proceedings of C.T. Case No. 2869 of 2019 pending in the court of learned SDJM, Bhubaneswar arising out of Mahila P.S. Case No. 72 of 2019 under Sections 498A/323/506/354/34 IPC and all proceedings consequent thereto.

(2.) The allegations in the FIR are as summarised hereinbelow:

(3.) Mr.T.Panigrahi, learned counsel for the petitioners, strenuously contended that the petitioner No.1 and his family have no role in the alleged commission of offences. The FIR filed by the complainant is misconceived, concocted and it does not attract any offences alleged against the petitioners and it was filed only with vexatious and oblique motive. Further the allegations made in the FIR and Statements extracted under section 161 as well as section 164 of Cr. P.C. do not prima facie constitute any offence or make out a case against the accused. In fact, the allegations in the FIR do not constitute any cognizable offences and they have been made with an ulterior motive wreaking vengeance against the accused due to personal grudge. The ambiguity and material infirmity of the allegations can be seen through the discrepancies in the prosecution case and the statement of prosecution witnesses. Hence, the proceedings may be quashed under section 482 Cr. P. C as it is a clear abuse of the process of law.