RATIKANTA SUTAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed with a prayer to quash the order dtd. 14/10/2019 passed by the learned S.D.J.M., Bhadrak in G.R. Case No.434 of 2017 which arises out of Bhadrak Town P.S. Case No.53 of 2017 under Ss. 363,366,120(B) read with 34 of I.P.C. and all proceedings consequent thereto.

(2.) Shorn of unnecessary details, the facts of the present case are that the Opposite Party No.2 had lodged an FIR before the IIC, Bhadrak Town Police Station on 2/3/2017 alleging that his daughter, one Rajalaxmi Behera aged about 16 years had been kidnapped by the Petitioner No.1. The daughter of Opposite Party No.2 was studying +2 Arts in Bhadrak College and staying in Behera Mess, Januganja, Bhadrak. On 26/2/2017, the daughter called the Opposite Party No.2 and told him that she will be visiting them that day. However, when she did not reach, Opposite Party No.2 started searching for her and found out that his daughter had left the mess at 8 A.M. with all her belongings. The Opposite Party No.2 doubted that the petitioner No.1 had a role to play in this as when the petitioner No.1 was working as a Carpenter in Opposite Party No.2's house, the Opposite Party No.2 had discovered that his daughter and the petitioner No.1 were talking a lot and possibly were in a relationship.

(3.) The learned counsel for the petitioners earnestly contended that the allegations in the FIR are false and have been lodged with an ulterior motive to harass and humiliate the petitioners. It was submitted that the petitioner No.1 and daughter of Opposite Party No.2 were in a romantic relationship and had eloped together. They have been married since 2018 as per Hindu rites and a male child has been born out of their wedlock in 2019. It was also submitted that they have been living happily and due to the intervention of their well- wishers, a settlement has been arrived at between all the parties wherein the family members of the daughter of Opposite Party No.2 have got the visiting rights to meet their grandchild. Opposite Party No.2 has also agreed not to pursue this case any further and the parties have arrived at a settlement. It is also pertinent to note that during investigation, the victim, i.e., the daughter of the Opposite Party No.2 appeared in the police station and her statement u/s.161 Cr.P.C. was recorded wherein she has categorically stated that she had left with petitioner No.1 out of her own free will and nobody had kidnapped her.