Subhrakanta Sahoo vs State Of Odisha & Another ......... ...
2024 Latest Caselaw 485 Ori

Orissa High Court

Subhrakanta Sahoo vs State Of Odisha & Another ......... ... on 9 January, 2024

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLMC No.3314 of 2023
             Subhrakanta Sahoo          .........                    Petitioner

                                            Mr. Aditya Mishra, Advocate
                                    -Versus-
             State of Odisha & another        .........       Opposite Parties

                                                          Mr. P.K. Maharaj,
                                            Additional Government Advocate
                  CORAM:
                               JUSTICE SIBO SANKAR MISHRA

                                            ORDER

09.01.2024 Order No.

01. 1. Heard.

2. The petitioner has filed this petition seeking quashing of the F.I.R. in

Manchaswar P.S. Case No.436, dated 18.12.2021 corresponding to C.T.

No.7025 of 2021 for the offences under Sections-498-A/323/294/506/34

IPC read with Section- 4 of the D.P. Act.

3. The dispute appears to have arisen from a matrimonial discord and

the matter was referred to the High Court of Orissa Mediation Center in

TRP(C) No.409 of 2021. The mediation was successful and the mediation

report dated 20.10.2022 has been placed on record as Annexure-2.

4. Perusal of the mediation report indicates that the parties have agreed

for mutual divorce and have also agreed to put quietus to all the disputes

among them. The petitioner-husband has also paid the permanent alimony

of Rs.6,00,000/- (Rupees six lakhs) and returned all the gold ornaments.

Pursuant to the settlement, joint affidavits have been filed and decree of

divorce under Section- 13B has already been obtained by the parties, which

have been placed on record as Annexure-4.

5. Learned Family Court, Cuttack vide its judgment dated 12.04.2023

has been pleased to dissolve the marriage between the parties on mutual

consent.

6. Having taken into consideration all the attending facts and

circumstances of the present case, I am of the considered view that the

F.I.R. in Manchaswar P.S. Case No.436, dated 18.12.2021 corresponding

to C.T. No.7025 of 2021 for the offences under Sections-498-

A/323/294/506/34 IPC read with Section- 4 of the D.P. Act deserves to be

quashed in exercise of the jurisdiction under Section 482 Cr.P.C.

7. Accordingly, the CRLMC is allowed.

8. The F.I.R. in Manchaswar P.S. Case No.436, dated 18.12.2021

corresponding to C.T. No.7025 of 2021 for the offences under Sections-

498-A/323/294/506/34 IPC read with Section- 4 of the D.P. Act and all the

consequential proceedings arises therefrom stands quashed.

(S.S. Mishra) Judge

Location: High Court of Orissa, Cuttack.