PRADEEP KU. MAHANANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482, Cr.P.C. to quash the proceeding initiated against the petitioner in G.R.Case No. 343 of 2004 arising out of Boudh P.S. Case No. 146 of 2004 pending in the court of learned SDJM, Boudh.

(2.) Mr. D.P. Dhal, learned counsel for the petitioner submitted that the offence under Section 493, IPC is not made out even if the F.I.R. is gone through because there is nothing available from the F.I.R. that the petitioner deceitfully made her to believe that she has lawfully married to the petitioner for which one of the ingredients of the offence under Section 493, IPC is not made out. Similarly, the ingredients of the offence under Sections 417 and 506, IPC are not made out for which the registration of the F.I.R. for the commission of such offences should be quashed. In support of his submission, he has cited the decisions in Moideenkutty Haji and others v. Kunhihoya and others, AIR 1987 Kerala 184, Amruta Goddia v. Trilochan Pradhan, 1993 Cri.L.J., 1022 and Sauraua Barik v. Smt. Gouri Kaudi @ Gouri, (1993) 76 CLT 428.

(3.) Learned Addl. Standing counsel submitted that the F.I.R. makes out a cognizable offence and no affidavit has been filed by the victim woman in this Court. Even also, the informant has not been arrayed as a party in this case. In such situation, the proceeding should not be quashed.