Laxmikant Chhotray vs State Of Odisha & Anr
2023 Latest Caselaw 8721 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLMC No. 1611 of 2022


            Laxmikant Chhotray                      ....                       Petitioner
                                                              Mr. P.K. Sahoo, Advocate
                                            - Versus -
            State of Odisha & Anr.                       ....           Opposite Parties
                                                               Addl. Standing Counsel
                                               Mr. H.N. Mohapatra, Adv. ( For O.P. No.2)

                            CORAM:
                              JUSTICE SASHIKANTA MISHRA

                                         ORDER

07.08.2023

Order No. 1. This matter is taken up through hybrid mode.

6. 2. Heard learned counsel for the petitioner and learned Addl.

Standing Counsel for the State.

3. A memo has been filed for correction of cause title indicating "learned J.M.F.C.-II(Cog. Taking), Bhubaneswar" instead of "learned S.D.J.M., Bhubaneswar", since the criminal proceeding in CMC No. 335 of 2020 is now pending in the Court of learned J.M.F.C.-II(Cog. Taking), Bhubaneswar.

4. Permission is granted. Necessary correction be carried out in Court today. The memo be kept on record.

5. As directed the Petitioner- Laxmikant Chhotray and the Opposite Party No. 2 (Snita Pradhan) are present in Court being identified by their counsel namely, Mr. U.C. Dora and Mr. H.N. Mohapatra respectively.

6. The present application under Section 482 of the Cr.P.C. have been filed by the Petitioner with a prayer to quash the proceedings in CMC No. 335 of 2020 pending in the file of learned J.M.F.C-II(Cog. Taking), Bhubaneswar.

7. Mr. U.C. Dora, learned counsel for the petitioner files the certified copy of the judgment passed by learned Judge, Family Court, Bhubaneswar whereby the marriage between the parties has been

dissolved on mutual consent as per provision of Section 13(B) of Hindu Marriage Act on the further condition that the wife is to get permanent alimony/maintenance of Rs. 25,00,000/- (Rupees Twenty- five Lakhs) out of Rs. 30,00,000/-, with the remaining amount of Rs. 5,00,000/- (Five Lakhs) to be paid by 30.04.2024. The judgment reflects that the said amount Rs. 25,00,000/- (Rupees Twenty-five Lakhs) has already been received by her.

8. Mrs. Snita Pradhan is present in person in Court today. On being asked she admits to have received a sum of Rs. 25,00,000/- towards permanent alimony/maintenance from the petitioner.

9. It is submitted by learned counsel for the Petitioner as well as Opposite Party No.2 that since the dispute has already been resolved between the parties and the parties have filed an affidavit in support of the same, necessary orders may be passed.

10. It is a fact that the parties have filed affidavits indicating that the disputes between them have been resolved and they do not wish to proceed further in the case.

11. Under such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the Petitioner. This Court is, therefore, inclined to allow the prayer of the Petitioner. The proceedings in CMC No. 335 of 2020 pending in the Court of learned J.M.F.C-II(Cog. Taking), Bhubaneswar is hereby quashed.

12. The CRLMC is accordingly, disposed of.

(Sashikanta Mishra) Judge

A.K. Rana

Signature Not Verified Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa at Cuttack