Subas Chandra Mahapatra vs State Of Odisha
2023 Latest Caselaw 5278 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLMP No.653 of 2021

             Subas Chandra Mahapatra ....           Petitioner

                               Mr.Sudipto Panda, Advocate

                                  -versus-

             1.State of Odisha
             2. Dipti Kumari Tripathy        .... Opp. Party

                               Mr.Manoranjan Mishra,
                               Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO

                                 ORDER

Order No. 05.05.2023

06. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This CRLMP application has been filed by the petitioner Subas Chandra Mahapatra for quashing of criminal proceedings in G.R. Case No.180 of 2005 pending in the Court of J.M.F.C. -cum- Gram Nyayalaya, Sanakhemundi. The said case arises out of Hinjili (Aska) P.S. Case No.53 of 2005 and chargesheet has been submitted under section 498-A/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

As per the order dated 16.09.2022, leaned counsel for the State was handed over a copy of the petition for its service on the opposite party no.2-Dipti Kumari // 2 //

Tripathy, the informant in the aforesaid Hinjili P.S. Case and the Inspector in-charge of Hinjili Police Station was asked to serve the notice on the opposite party no.2 and to obtain written proof regarding the same.

Today, the learned counsel for the State has produced the written instruction received from the Inspector in-charge of Hinjili Police Station, dated 11.10.2022 which indicates that the whereabouts of the opposite party no.2-Dipti Kumari Tripathy is not known. The written instruction is taken on record.

Learned counsel for the petitioner Mr. S. Panda submitted that in the meantime, the marriage between the petitioner and the informant-opposite party no.2 has been dissolved by way of mutual divorce by the learned Civil Judge (Sr. Division), Aska in M.A.T Case No.4 of 2009 as per the judgment and order dated 17th August 2009 and even the opposite party no.2 on being examined as P.W.1 in the case has stated that the matter has been amicably settled between her and the in-laws family members and she did not want to proceed further in the case.

Considering the submissions made by the learned counsel for the respective parties, since the case arises out of matrimonial dispute and the matter has been amicably settled between the parties and the opposite party no.2-Dipti Kumari Tripathy is no more interested to proceed further in the case and the marriage between

// 3 //

the parties has been dissolved by decree of mutual divorce and in view of the ratio laid down in the case of B.S. Joshi -Vrs.- State of Haryana reported in (2003) 4 Supreme Court Cases 675, I am inclined to quash the further proceedings in G.R. Case No.180 of 2005 arising out of Hinjili (Aska) P.S. Case No.53 of 2005 pending in the Court of learned J.M.F.C. -cum- G.N., Sanakhemundi.

Accordingly, the prayer is allowed and the CRLMP is disposed of.

( S.K. Sahoo) Judge Sipun

SIPUN Digitally signed by SIPUN BEHERA

BEHERA Date: 2023.05.06 14:11:11 +05'30'