Yenugutala Motilal vs State Of Odisha And Another
2023 Latest Caselaw 14155 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMC No.3164 of 2023

               Yenugutala Motilal                    ....           Petitioner
                                                 Mr.R.C. Panigrahy, Advocate

                                        -versus-
               State of Odisha and another            ....         Opp. Parties
                                                           Mr.D. Biswal, ASC

                          CORAM:
                          JUSTICE CHITTARANJAN DASH
                                       ORDER

Order No. 10.11.2023

03. 1. Heard learned counsel for the Petitioner and the State.

2. By means of this application, the Petitioner seeks to quash the further proceeding in G.R. Case No.454 of 2022 and Complaint Case No.124 of 2021 pending before the learned S.D.J.M., Rayagada.

3. It is submitted by the learned counsel for the Petitioner that this Court vide order dated 11th August, 2023 directed the parties to settle their dispute before the learned Judge, Family Court where after the question of quashment of criminal proceeding would be considered. It is further submitted that in the meanwhile the proceeding pending before the learned Judge, Family Court, Rayagada in C.P. No.24 of 2023 has been completed and vide judgment dated 5th October, 2023 the learned court allowed the divorce claimed by the parties of amicably under Section 13(B) of the Hindu Marriage Act.

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4. Perusal of the case record reveals that the Opposite Party wife had filed an affidavit on 7th August, 2020 before this Court wherein at paragraph-5 it is categorically stated that the quashment of the criminal proceeding would help her to get the divorce amicably. As reveals, the parties have also entered into an agreement dated 7th May, 2023 for withdrawal/compromised of the criminal proceeding. Perusal of the judgment passed by the learned Judge, Family Court in C.P. No.24 of 2023 reveals that the Opposite Party wife was awarded Rs.1,30,00,000/- (rupees one crore thirty lakh) towards permanent alimony.

5. In view of the fact that the parties have already settled their matrimonial dispute amicably and the Opposite Party wife has candidly expressed her desire to get rid of all proceedings pending in the criminal side not only expressing her opinion through affidavit but by entering into an agreement with the Petitioner as stated above no fruitful purpose would be served in continuing the criminal proceedings pending before the learned SDJM as it would no way fetch any result. Since the continuation of further proceeding would be an abuse of process of law this Court finds it proper to quash further proceedings in G.R. Case No.454 of 2022 and Complaint Case No.124 of 2021 pending before the learned S.D.J.M., Rayagada.

6. The CRLMC stands allowed.

                                                                      (Chittaranjan Dash)
Signature Not Verified                                                       Judge
Digitally Signed
Signed by: SAMIR KUMAR PARIDA

Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy KC Bisoi Location: ORISSA HIGH COURT, CUTTACK Date: 16-Nov-2023 11:58:28