Sambit Ray And Others vs State Of Odisha And Another
2023 Latest Caselaw 5160 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLMC No.1048 of 2023

            Sambit Ray and others                 ....          Petitioners

                                              Mr.A.P.Mishra
                                              Advocate

                                     -versus-
            State of Odisha and another         ....     Opposite Parties
                                             Mr.S.K.Mishra,
                                            Addl. Standing Counsel

                                              Mr. A.K.Samal, Advocate
                                              Mr. P.C.Pattnaik, Advocate
                                                     (For O.P.No.2)
            CORAM:

                      JUSTICE SASHIKANTA MISHRA
                                      ORDER

Order No. 04.5.2023.

03. 1. This matter is taken up through hybrid mode.

2. As directed the Petitioner No.1 (Sambit Ray) and the Opposite Party No.2 (Amita Ray @ Khuntia) are present in Court being identified by their counsels namely, Mr. A.P.Mishra and Mr. P.C.Pattnaik respectively.

3. The present application under Section 482 of the Cr.P.C. has been filed by the Petitioner with a prayer to quash the proceedings in S.T. Case No.161/2019 arising out of G.R. Case No.14/2018 corresponding to Cuttack Mahila P.S. Case

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No.2/2018 pending in the file of learned District Judge, Cuttack.

4. A joint affidavit has been filed being sworn by the Petitioner No.1 (Sambit Ray) and the Opposite Party No.2 (Amita Ray @ Khuntia). They also filed their original Aadhaar Card, which is returned being substituted by attested xerox copies thereof. They have also filed joint affidavit in Court indicating that the matrimonial dispute between them has been amicably settled and that the learned Judge, Family Court, Cuttack has allowed the divorce between them in C.P. No.389/2018 as per the judgment and decree passed on 06.5.2022. On being asked the informant submits that she has filed this affidavit of her own volition and without any pressure or coercion from any quarter whatsoever and that she does not wish to proceed further in the case.

5. 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 S.T. Case No.161/2019 arising out of G.R. Case No.14/2018 corresponding to Cuttack Mahila P.S. Case No.2/2018 pending in the file of learned District Judge, Cuttack are hereby quashed.

6. The CRLMC is, accordingly, disposed of.

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7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge AKB ASHOK KUMAR Digitally signed by ASHOK KUMAR BEHERA BEHERA Date: 2023.05.05 13:59:19 +05'30'