Orissa High Court
Traraknath Chanda vs State Of Odisha And Another on 7 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.492 of 2023
Traraknath Chanda .... Petitioner
Mr. S. Ray, Advocate
-Versus-
State of Odisha and Another .... Opposite Parties
Mr. Sitikanta, Mishra, ASC
Mr. S. Swain, Advocate for O.P. No.2
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 07.02.2023
No.
01. 1. Heard learned counsel for the petitioner, learned counsel
for the State opposite party No.1 and learned counsel for the
opposite party No.2.
2. In fact, Mr. Swain, Advocate has entered appearance for
opposite party No.2 and files Vakalatnama which is accepted and
taken on record.
3. Prayer in the present case is for quashing of the criminal
proceeding in connection with G.R. Case No.677 of 2022
corresponding to Markatnagar P.S. Case No.90 of 2022 pending in
the file of learned J.M.F.C., Cognizance taken Court (1), Cuttack on
the ground of compromise between the parties in the meantime.
4. Joint compromise affidavits is on record as at Annexure-2.
5. Mr. Swain, learned counsel for opposite party No.2 admits
the fact of compromise.
6. The petitioner as well as opposite party No.2 are physically
present in Court today with their identity proof, such as, original
Aadhar cards and the same are perused. On being asked, opposite
party No.2 confirms the fact of compromise and claims that she and
petitioner are presently staying together and leading a happy
conjugal life without any disturbance.
7. Mr. Mishra, learned counsel for the State offers an objection
on the ground that one of the offences under Section 307 IPC to be
non-compoundable in nature.
8. Gone through the contents of the Annexure-2 and it shows
that at present, the petitioner and opposite party No.2 after an
amicable settlement between them are staying happily with their
child and there is no dispute and hence, opposite party No.2 does
not want to proceed with the case pending before the learned court
below arising out Markatnagar P.S. Case No.90 of 2022.
9. Having regard to the above facts and recent development
regarding compromise between the petitioner and opposite party
No.2, who are staying together at present and leading a happy
marital life, the Court is of the view that no fruitful purpose would
be served to continue with the criminal proceeding and to keep it
alive in the court of learned J.M.F.C. (1), Cuttack. In other words, in
order to restore peace and stability in the marital life of the parties
involved, it is a fit case where jurisdiction under Section 482 Cr.P.C.
should be exercised and to end the litigation. The Court is
remanded of the judgment of 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 notwithstanding
offences are not compoundable in nature where the disputes are
matrimonial or civil or similar kind, jurisdictions under Section 482
Cr.P.C.as well as Article 226 of the Constitution of India may be
exercised. Having said that, the Court is inclined to quash the
proceeding in the present case considering the settlement reached
between the spouses, who are residing together and decided to lead
a blissful marital life.
10. Accordingly, it is ordered.
11. In the result, CRLMC stands allowed. Consequently, the
criminal proceeding in G.R. Case No.677 of 2022 corresponding to
Markatnagar P.S. Case No.90 of 2022 pending in the file of learned
J.M.F.C.(1), Cuttack is hereby quashed.
12. A certified copy of this order be granted as per rules.
(R.K. Pattanaik)
Judge
Tudu
