ORIGINAL JURISDICTION - Orissa High Court

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2010 ( I ) ILR-CUT- 361 INDRAJIT MAHANTY, J. PRAMOD KUMAR BASTIA -V- STATE OF ORISSA. JANUARY 28,2010. 106 CRIMINAL PROCEDURE CODE, 1973 (ACT NO.2 OF 1974) – SEC.482. Quashing of Proceeding U/s.376 IPC – Not compoundable in terms of Section 320 Cr.P.C. – Petitioner being a teacher had kept sexual relationship with the victim who was a student – Petitioner managed to subvert the course of justice as he continued as a Govt. teacher for the last 17 years although N.B.W issued by the trial Court for his apprehension – Anguish of the victim about the clear failure of the judicial system compelled her to file affidavit supporting the prayer of the petitioner for quashing of the proceeding. Held, plight of the victim can not be allowed to be used as a ground in the hands of the accused petitioner for seeking quashing of a Criminal Proceeding – Direction issued for immediate apprehension of the petitioner and for initiation of appropriate disciplinary action. Case laws Referred to:- (para8,9) 1.2007(II) OLR 444 : (Sri Ajaya Dalua -V-State of Orissa & Anr.) 2.(2007) II SCC 191 : (Rama Paswan & Ors.-V-State of Jharkhand). For Petitioner - M/S.Biswajit Mohanty-3, K.K.Goya & P.K.Behera. For Opp.Party : Addl.Govt.Advocate. For the Victim : Mr.M.K.Mohanty-2. *CRIMINAL MISCELLANEOUS CASE NO.1428 OF 2008. In the matter of an application under section 482 of the Code of Criminal Procedure. I. MAHANTY, J. In this application under section 482 Cr.P.C., the petitioner has sought for quashing of the criminal proceeding in G.R. Case No.819 of 1992, arising out of Jagatsinghpur P.S. Case No.381 of 1992 pending before the learned S.D.J.M., Jagatsinghpur for the offence under section 376 I.P.C.. 2. Learned counsel appearing for the petitioner submits that while the alleged offence took place in the year 1992, in the meantime, the informant- Krushna Chandra Nayak has expired for which reason the prosecution would measurably fail to prove the allegations against the petitioner and
107 further, in the meantime also the victim-Sarala Nayak has got married to some other person and does not want to proceed with the case in view of the compromise reached between the parties and therefore, the criminal proceeding pending against the petitioner may be quashed. In support of his contention, learned counsel for the petitioner placed reliance on a decision of this Court in the case of Sri Ajaya Dalua Vrs. State of Orissa and another, 2007(II) OLR 444 whereby the learned Single Judge by his order dated 17.8.2007 quashed the criminal proceeding initiated for the offence under section 376 IPC, relying on an affidavit sworn to by the INDIAN LAW REPORTS, CUTTACK SERIES [2010] alleged victim and concluding that since the victim would be adversely affected in her family life and has expressed her desire not to depose in the case, therefore, no fruitful purpose would be served by keeping the criminal proceeding pending. 3. Mr.Biplab Das, on behalf of Mr.M.K.Mohanty (2), learned counsel for the victim, supports the prayer made by the petitioner and has filed an affidavit sworn to by the victim stating therein that during the course of investigation her father Krushna Chandra Nayak has expired on 5.8.2007 and even after completion of investigation since long, the trial has yet to commence and the matter is pending for about 18 years. Further since she, in the meantime, has got married and blessed with three children, she supports the prayer of the petitioner for quashing of the criminal proceeding. 4. In the light of the facts narrated herein above, the essential question that arises in the present case for consideration is as to whether a criminal proceeding for an offence under section 376 IPC, (which is not compoundable), ought to be quashed in exercise of power under section 482 Cr.P.C, for the reasons as has been noted herein above. 5. In the present case at hand, it appears that late Krushna Chandra Nayak, the father of the victim had lodged an F.I.R. before the I.I.C., Jagatsinghpur Police station alleging that the accused-petitioner had kept sexual relationship with his daughter Sarala Nayak who was a student of Class-IX in Pranakrushna Memorial Vidyapitha where the accused-petitioner was a school teacher and as a consequence of which his daughter became pregnant. It is further alleged that keeping in view the future of the victim, she under went medical termination of the pregnancy and even though the informant reported the matter to the President of the Managing Committee of the School and the school authorities had assured the informant to take action against the teacher who had committed the crime, while no action was taken, he was compelled to file an F.I.R. against the petitioner. 6. In the petition, the stand of the petitioner is that he is a Government employee and presently working as an Assistant Teacher of Ballipata High School and is regularly attending the classes in the school. It is further averred in the petition that “the investigating agency never informed the
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43 Court in the case of M/s. Thunga
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45 and (c) on account of some mista
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“ The High Court held that the re
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49 Deputy Superintendent of Police.
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53 accordingly, investigation was t
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157 “….. The decision in the ca
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2010 ( I ) ILR-CUT- 414 S.K.MISHRA,
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161 the imposition of fine of Rs.50
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163 overtuous regarding sex. Theref
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165 6. The learned trial court, aft
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167 The Opposite parties 2 to 11 ar
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169 3. It is undisputed at this sta
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shall dispose of the application on
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ORIGINAL JURISDICTION - Orissa High Court

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