LAWS(ORI)-2017-11-12

PRAMILA ACHARYA ALIAS LILI Vs. STATE OF ORISSA

Decided On November 06, 2017
Pramila Acharya Alias Lili Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) None appears on behalf of the petitioner.

(2.) The petitioner Pramila Acharya @ Lili has filed this application under section 482 of the Criminal Procedure Code to quash the impugned order dated 20.04.2005 passed by the learned J.M.F.C.(R), Cuttack in G.R. Case No.568 of 2004 in taking cognizance of the offences under sections 493 / 417 / 313 / 506 / 34 of the Indian Penal Code and issuance of process against him. The said case arises out of Kishore Nagar P.S. Case No.36 of 2004.

(3.) The first information report was lodged by the victim lady herself wherein she alleged that the co-villager Mahindra Biswal gave assurance of marriage to her and kept physical relationship for which she became pregnant and when she conceived for about seven months, the said co-accused Mahindra Biswal brought her to Cuttack in the pretext of registration of marriage but took her to Jagannath Seva Sadan which is situated at Nahabhanga, Biribati and there he compelled the victim lady to abort her pregnancy and when the victim lady objected, the accused Mahindra Biswal tried to convince her that his family members would not accept her in such state and she would be blamed in the neighbourhood and after the pregnancy is aborted, he would marry her and take her to his house. In spite of such assurance given by the accused Mahindra Biswal, since the victim lady did not agree to terminate her pregnancy, she was threatened and ultimately her pregnancy was terminated in Jagannath Seva Sadan and the accused Mahindra Biswal left that place and the staff of the Seva Sadan asked her to leave the place and accordingly, she came back and disclosed the matter to her family members and the gentlemen of the village tried to amicably settle the matter but the accused Mahindra Biswal did not agree to marry the victim lady and ultimately the first information report was lodged.