Bhubaneswar: Orissa high court refused to quash an FIR against a woman, a co-accused in the alleged matrimonial fraud racket of serial marriage cheat Ramesh Chandra Swain. The court observed that allegations including her repeated projection as “Bhabhi, the doctor in USA” before prospective brides and the alleged flow of cheated money into accounts linked to her family warranted a full trial.Justice S K Panigrahi dismissed the petition on June 30, filed by the woman seeking quashing of the FIR registered at Bhubaneswar Mahila police station in 2022, holding that the allegations against her disclosed a “triable offence” and did not fit within the limited grounds on which criminal proceedings can be quashed at the threshold stage. Copy of the HC order was available online on Wednesday.The case stems from a complaint lodged by a woman who came into contact with Swain through a matrimonial portal. According to the prosecution, Swain allegedly posed as “Dr Bibhu Prakash Swain,” a senior health official posted in Bengaluru, and backed his claims with fabricated identity and vehicle documents. Before the marriage, the complainant visited a flat in Bhubaneswar, where she was introduced to the present petitioner as the “Bhabhi” or sister-in-law of Swain and a doctor practising in San Francisco. The complainant later alleged that she was cheated of more than Rs 11 lakh.Rejecting the woman’s contention that she was implicated solely because of her relationship with Swain, the court noted that the charge sheet contained material requiring examination during trial. One of the factors weighed by the court was the allegation that a substantial portion of the cheated money was transferred to bank accounts held in the names of her minor children. “Money does not travel of its own accord; someone must open the account, someone must receive the transfer, and someone must account for its onward use,” the court observed.The court also took note of allegations that the petitioner was not introduced as “Bhabhi” to just one complainant. “It is averred that the petitioner was similarly presented as ‘Bhabhi, the doctor in USA,’ to more than one prospective bride,” the order stated, adding that repeated use of the same representation before different victims could indicate a pattern that deserved scrutiny during trial.While making it clear that the observations should not be construed as a finding of guilt, the court said the question of whether the petitioner was “a guilty participant or unwitting relative” could only be determined on the basis of evidence before the trial court. Consequently, the petition was dismissed, leaving the criminal proceedings against her to continue.
