Laxmikant Chhotray & Ors vs State Of Odisha & Anr
2023 Latest Caselaw 7184 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    CRLMC No. 1992 of 2023

            Laxmikant Chhotray & Ors              ....                    Petitioners
                                                              Mr. H.Ojha, Advocate
                                            -Versus -
            State of Odisha & Anr.              ....                  Opposite Parties
                                                                                   ,
                                                        Additional Standing Counsel


                        CORAM:
                          JUSTICE SASHIKANTA MISHRA

ORDER_ 03.07.2023

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

2. 2. As directed the Petitioner No.1 (Laxmikanta Chhotray) and the Opposite Party No. 2(Snita Pradhan) are present in Court being identified by their counsels namely, Mr. H.N. Mohapatra and Mr. U.C. Dora.

3. 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 C.T. Case No. 5403/2020 arising out of Infocity P.S. Case No. 176 of 2020 pending in the file of learned J.M.F.C-II, Bhubaneswar.

4. Mr. U.C. Dora, learned counsel for the petitioner, files the certified copy of the judgment passed by learned J.M.F.C- II, 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 Twentyfive

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 Twentyfive Lakhs) has already been received by her.

5. 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.

6. It is submitted by learned counsel for the Petitioners 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.

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

8. Under such circumstances, no fruitful purpose would be served by allowing continuance of the criminal proceedings against the Petitioners. This Court is, therefore, inclined to allow the prayer of the Petitioner. The proceedings in C.T. Case No. 5403/2020 arising out of Infocity P.S. Case No. 176 of 2020 pending in the file of learned J.M.F.C-II, Bhubaneswar is here by quashed.

9. The CRLMC is accordingly, disposed of.

Signature Not Verified (Sashikanta Mishra) Digitally Signed Signed by: DEEPAK PARIDA Designation: Jr.Stenographer Judge Reason: Authentication Location: Ohc,Cuttack Date: 04-Jul-2023 18:48:41 Deepak