Aswani Kumar Pattanaik & vs State Of Odisha & Another
2023 Latest Caselaw 12113 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CRLMC No. 4172 of 2023

               Aswani Kumar Pattanaik &               ....            Petitioners
               others
                                                   Mr. B.K. Behera, Advocate
                                           -versus-

               State of Odisha & another              ....        Opp. Parties
                                                       Mr. D. Biswal, A.S.C.

                        CORAM:
                        JUSTICE CHITTARANJAN DASH


                                      ORDER

Order No. 06.10.2023

01. 1. Heard learned counsel for the Petitioners and the State.

2. By means of this application, the Petitioners seek the indulgence of this Court to quash the proceeding in C.T. Case No. 4257 of 2022 arising out of UPD, Bhubaneswar Mahila P.S. Case No. 88 of 2022 pending before the learned S.D.J.M., Bhubaneswar in connection with the offences 498-A/323/294/506/406/34 of IPC, r/w. Section. 4 of D.P. Act.

3. The sole ground on which the Petitioners seek the prayer is that the parties on mutual consent have been granted divorce vide judgment of the Judge Family Court, Bhubaneswar in Civil Proceeding No.785 of 2022. Perusal of the case record reveals that final form has already been submitted against the Petitioners in the offences U/s. 498-A/323/294/506/406/34 of IPC, r/w. Section. 4 of D.P. Act. Nothing appears from the Judgment passed by the learned Judge, Family Court as regards withdrawal of the cases pending against the Petitioners. No such material is forthcoming that the // 2 //

parties have also compounded the offence. The submission of the learned counsel for the Petitioners that pursuant to the divorce there is nothing between the parties to proceed with the criminal case is irrelevant until the aggrieved party propound so in as much as the submission of learned counsel for the Petitioners is otherwise not supported by any material. Having regard to the fact that the parties have amicably resolved their dispute with regard to the matter of divorce, the matter may be agitated before the court in seisin over the matter in appropriate time and manner so that, the learned court would appreciate such contentions of the parties in accordance with law. Apparently, the dissolution of marriage ipso-facto would not lead to a conclusion that all other dispute pending between the parties are settled requiring interference therein and to quash the proceeding.

4. The CRLMC being devoid of merit stands dismissed.

(Chittaranjan Dash) Judge

B.K Sahoo

Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 09-Oct-2023 10:25:19