Manas Tripathy & Another vs State Of Odisha & Another .... Opp. ...
2024 Latest Caselaw 5891 Ori

Orissa High Court

Manas Tripathy & Another vs State Of Odisha & Another .... Opp. ... on 2 April, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        CRLMC No.5507 of 2023

             Manas Tripathy & another          ....         Petitioners

                                    Mr. Sohan Misra, Advocate

                                 -versus-

             State of Odisha & another         ....        Opp. Parties

                                                 Mr. S.R. Roul,
                                   Additional Standing Counsel

         CORAM:
               JUSTICE SIBO SANKAR MISHRA

Order                            ORDER
 No.                           02.04.2024
 01.    1.     Heard.

2. At the instance of the opposite party no.2, the

F.I.R., i.e., Mahila P.S. Case No.115 dated 12.12.2018

was registered against the petitioners under Sections

498-A/294/323/506/34 of the I.P.C. read with

Section 4 of the D.P. Act pending in the Court of

learned S.D.J.M., Sadar, Cuttck.

3. The dispute is arising out of a matrimonial

discord and the parties have now settled their

dispute. Pursuant to settlement, the petitioner no.1

and opposite party no.2 have filed an application under Section 13(b) of the Hindu Marriage Act for

dissolution of marriage by mutual consent. By order

dated 02.03.2024, the learned Judge, Family Court,

Cuttack has allowed the applications and dissolved

the marriage between the petitioner no.1 and opposite

party no.2 by mutual consent. The said judgment is

taken on record.

4. The opposite party no.2 and the petitioners are

present in person along with their respective counsel

and filed self attested photocopies of their respective

Adhar Cards to establishment their identity.

They have also filed their respective affidavits, which

are taken on record. In the both affidavits, they inter

alia stated that the disputes amongst them are

settled. Opposite Party no.2 also stated in her

affidavit that she has already received the permanent

alimony and she doesn't want to proceed against the

petitioners.

5. Mr. Ragada, learned Additional Government

Advocate submits that essentially the dispute arising

out of matrimonial discord and the parties have

already settled their disputes. Accordingly, there is no legal impediment. He further submits that in the fact

scenario of the present case, this Court may give

indulgence and quash the F.I.R.on the ground that

the parties have already settled their dispute.

6. Taking into consideration the aforementioned fact

and submission at bar, the F.I.R., i.e., Mahila P.S.

Case No.115 dated 12.12.2018 pending in the Court

of learned S.D.J.M., Sadar, Cuttck and the

consequential proceedings arising therefrom qua the

petitioner are quashed.

7. The CRLMC is accordingly disposed of.

(S.S. Mishra) Judge

amit

Location: HGIH COURT OF ORISSA, CUTTACK