p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4754 of 2024 Titu Sahu …. Petitioner(s) Dr. J. R. Dash, Advocate -versus- State of Odisha and another …. Opposite Party(s) Mr. S. J. Mohanty, ASC Mr. R. K. Sahu, Advocate CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 03.03.2025 02. 1. Heard. 2. At the instance of the opposite party No.2, the F.I.R. dated 26.05.2022 in Kegaon P.S. Case No.110 of 2022 came to be registered against the petitioner for the alleged commission of the offences under Sections 363 of I.P.C. On the ground of settlement, the petitioner is seeking quashing of the F.I.R and consequential proceedings. 3. The allegation against the petitioners in the F.I.R. is that, on 26.05.2022, the informant being the elder father of the victim lodged a written report alleging therein that on 24.05.2022, his niece aged about sixteen years has gone somewhere and after repeated search, she is not found. He suspected that the present p. 2 petitioner of his village had kidnapped her daughter. Hence, this case. 4. The investigation in the present case is still going on. At this stage, the parties have settled their dispute. 5. The petitioner, the opposite party No.2 (informant) and the victim are present in the Court and being represented and identified by their counsels. They have also filed self-attested copy of their Aadhaar Cards to establish their identity, which are taken on record. 6. The victim, who is present in Court today filed an affidavit dated 03.03.2025 inter alia stating as under:- “2. That the petitioner has filed above numbered CRLMC application for quashing the F.I.R. lodged by my uncle as stated above. As per allegation of my uncle regarding my kidnap. The Kegaon Police registered the above case U/S 363 of IPC against him. 3. That in the meantime my marriage has been solemnized with the petitioner (accused person) in the month of May, 2024 as per the advice of our well wishers and friends. 4. That after my marriage with the petitioner, we are leading a happy conjugal life and if this case further proceeds, peace between us may be disturbed. Hence, I, my parents and my uncle (Informant) do not want to proceed with the case. 5. That on the alleged date of occurrence there was misunderstanding that I have been kidnapped by the accused but my uncle later found that I had gone to my maternal uncle’s house at Asural in the district of Bolangir. 6. That now the relationship between us is very good and peaceful. There is no ill will between us. Hence to keep good relationship in the society as well as in our family, I don’t want to proceed against the accused on the basis of allegation made in the F.I.R.” p. 3 The opposite party No.2, who is the elder father of the victim girl has also filed an affidavit dated 03.03.2025 reiterating the same stand. 7. On query from the Court, the victim girl submits she has already married with the accused-petitioner on 20.05.2024 and leading a happy conjugal life. The father of the accused-petitioner namely Manmath Sahu is also present in Court and submits that their family members have accepted the victim girl as their daughter-in-law. 8. Mr. Mohanty, learned Additional Standing Counsel for the State submits that since the dispute is primarily arising out of a love affairs and the parties have settled their dispute and the victim girl has stated that she does not want to prosecute the matter as she has already married the petitioner-accused, this Court may give indulgence in the present matter as there is no legal impediment. 9. Regard being had to the fact that the parties have settled their dispute, to save the marriage of the victim girl and keeping in view the judgment of the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs. State of Haryana & another reported in (2003) 4 SCC 675, I am of the considered view that p. 4 subjecting the petitioners to the rigors of the trial would be a futile exercise. Therefore, the petition deserves merit. 10. Accordingly, the criminal proceeding in connection with C.T. Case No.350 of 2022 arising out of Kegaon P.S. Case No.110 of 2022 pending in the Court of the learned S.D.J.M., Dharamgarh and the consequential proceedings arising therefrom qua the petitioner are quashed. 11. The CRLMC is accordingly disposed of. (S.S. Mishra) Judge Swarna