BIRENDRA NATH RATH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present petition has been filed by invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of the India to quash the F.I.R. under Annexure-1 to the petition, arising out of Rajgangpur P.S. Case No.23 of 2022, corresponding to G.R. Case No.35 of 2022, pending in the file of the learned J.M.F.C., Rajgangpur.

(2.) On perusal of the record, it appears that the Petitioner is the sole accused in the above noted G.R. case, which was initiated on the basis of a written complaint lodged by the Opposite Party No.5 at Rajgangpur Police Station alleging therein commission of offence under Ss. 376(2)(n), 294 and 506 of I.P.C.

(3.) The prosecution story as culled out from the F.I.R. under Anexure-1 is that the Opposite Party No.5-Victim-Informant lodged a complaint before the Officer-in-Charge, Rajgangpur Police Station on 20/1/2022, inter alia, alleging that she came to know the present Petitioner from their mutual business acquaintance and, as such, she had entered into a joint venture with him in various businesses activities. Thereafter, the Petitioner started proposing the Informant and kept on telling her that he wants to get into a relation with her and to marry her. The Informant further stated that she had conveyed to him that she is the widow and is also a single mother raising a 7 years old daughter alone under very harsh circumstances. Thus, such condition would not permit her to give consent for such marriage and hence she did not accept the proposal initially given by the Petitioner. Thereafter, the Petitioner started putting more pressure on the Informant-Victim and promised that he will convince his parents as his parents have a very modern outlook and practice modern values. She has further stated that since the Petitioner persisted on the relationship and repeatedly extended such proposal and on seeing his efforts she subsequently accepted his proposal and went into a relationship with the Petitioner.