Orissa High Court
Satyabrata Dalai And Others vs State Of Odisha And Another on 21 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.999 of 2022
Satyabrata Dalai and Others .... Petitioners
Mr. Om Swarup, Advocate
-Versus-
State of Odisha and Another .... Opposite Parties
Mr. P.K. Rout, AGA
Mr. S. Mishra, Advocate for O.P. No.2
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 21.10.2022
No.
06. 1. Heard learned counsel for the petitioners and learned
counsel for the State. Learned counsel for the opposite party No.2 is
absent.
2. Instant petition under Section 482 Cr.P.C. is filed for
quashing of the criminal proceeding in connection with C.T. Case
No.52 of 2021 corresponding to Mahila P.S. Case No.1 of 2021
pending in the file of learned S.D.J.M., Bhubaneswar on the ground
of compromise and dissolution of marriage between the parties.
3. Copy of the FIR which is at Annexure-1 perused by the
Court. In fact, subsequent to the lodging of the report, Mahila P.S.
Case No.1 of 2021 was registered under Section 498-A IPC and
other allied offences including the offence under Section 4 of the
Dowry Prohibition Act, 1961.
4. Learned counsel for the petitioners submits that there has
been a settlement reached at between the parties, inasmuch as,
petitioner No.1 and opposite party No.2 have dissolved their
marriage by approaching the Family Court and considering the
same, the criminal proceeding pending before the learned S.D.J.M.,
Bhubaneswar in C.T. Case No.52 of 2021 should be quashed in the
interest of justice. While claiming so, the learned counsel for the
petitioners refers to a copy of the judgment of the learned Judge,
Family Court, Bhubaneswar in C.P.No.620 of 2021, a copy of which
is at Annexure-2.
5. Petitioner No.1 as well as opposite party No.2 appeared
before the Court through virtual mode. On being asked, opposite
party No.2 admits the fact of compromise and dissolution of her
marriage with petitioner No.1 and does not have any objection, if
the criminal proceeding pending before the learned court below is
quashed.
6. A copy of the judgment in C.P. No.620 of 2021 which is at
Annexure-2 is perused by the Court, whereby, the marriage
between the parties has been dissolved and decree of divorce was
drawn by the learned Family Court, Bhubaneswar.
7. Considering the above facts and aforesaid development
with regard to divorce having being obtained by the parties
approaching the Family Court, the Court is of the view that no
fruitful purpose would be served to continue the criminal
proceeding before the court of learned S.D.J.M., Bhubaneswar
rather it should be terminated in the interest of parties. While
reaching at such a conclusion, this Court takes note of the settled
position of law as laid down by the Supreme Court in B.S. Joshi and
others Vrs. State of Haryana and another (2003) 4 SCC 675,
wherein, it has been held and observed that in peculiar facts and
circumstances of a case, especially where, the dispute is matrimonial
or civil or of similar nature, inherent jurisdiction under Section 482
Cr.P.C. may be exercised. In the present case, the Court is of the
view that since the parties have mutually agreed to dissolve their
marriage and obtained the decree of divorce from the Family Court,
no worthy purpose would be served to allow the continuation of
the criminal proceeding. The dissolution of marriage is clearly
evident from Annexure-2 and under the above circumstances, the
criminal proceeding which is pending before the learned S.D.J.M.,
Bhubaneswar in C.T. Case No.52 of 2021 should be brought to end
in order to restore peace and stability in the lives of the parties.
8. Accordingly, it is ordered.
9. In the result, CRLMC stands allowed. Consequently, the
criminal proceeding in C.T. Case No.52 of 2021 corresponding to
Mahila P.S. Case No.1 of 2021 pending in the file of learned
S.D.J.M., Bhubaneswar is hereby quashed for the reasons indicated
herein above.
10. An urgent certified copy of this order be granted as per
rules.
(R.K. Pattanaik)
Judge
TUDU
