Orissa High Court
Nihar Ranjan Das vs State Of Odisha & Another .... Opp. ... on 4 November, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3700 of 2024
Nihar Ranjan Das .... Petitioner
Mr. Susanta
Kumar Baral,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.Siba
Narayan
Biswal, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 04.11.2024
01.
1.
Heard.
2. At the instance of the opposite party No.2, the F.I.R.
in connection with Mahanga P.S. Case No.233 of 2021
corresponding to G.R. Case No.780 of 2021 came to be
registered against the petitioner for the offences
punishable under Sections 498-A/294/323/506/34 of the
IPC read with Section 4 of the D.P. Act pending in the
Court of learned J.M.F.C., Salipur.
3. The allegation against the petitioner, who is the
husband of the opposite party No.2 is that, the opposite
party No.2 being the wife of the petitioner, filed 1.C.C. Case
No.221 of 2021 in the Court of the learned J.M.F.C.,
Salipur alleging that, the complainant is the legally
married wife of the petitioner/Nihar Ranjan Das and their
marriage was solemnized on 02.07.2020. At the time of
marriage, Rs.2,75,000/- as cash and other household
articles were given by the family of the opposite party No.2.
After few days, her husband and in-law members
demanded more cash of Rs.1 lakh. The opposite party No.2
informed this to her family members. They expressed their
inability to pay the same. So, the family members of the
petitioner started torturing the opposite party No.2 both
physically and mentally several times. Even after so many
efforts and endeavor to settle the matter amicably, but due
to the non-cooperation of the in-law members, they filed
1.C.C. Case before the J.M.F.C., Salipur.
4. The petitioner and opposite party No.2 are present in
the Court today being represented by their respective
counsel. They have filed the photocopies of their self-
attested Aadhaar Cards to establish their identity, which
are taken on record.
5. The opposite party No.2 is present in the Court today.
On query from the Court, she stated that, she has already
received the agreed permanent alimony of Rs.2,70,000/-
(Rupees two lakhs seventy thousand).
6. The parties have settled their dispute through the
mediation and subsequent thereto, the opposite party No.2
and her husband applied for dissolution of their marriage.
Pursuant thereto, on 02.08.2022, the learned Judge,
Family Court, Cuttack has passed the decree in C.P.
No.405 of 2021 dissolving the marriage between the
opposite party No.2 and her husband-Nihar Ranjan Dash.
7. Mr. Biswal, learned Additional Standing Counsel
appearing for the opposite party No.1-State submits that,
since the parties have settled their dispute and the dispute
is essentially arising out of a matrimonial discord, there is
no legal impediment in quashing the criminal proceeding
against the present petition.
8. Regard being had to the submissions made at the Bar
and the fact that the parties have already settled their
dispute, subjecting the petitioner to trial would be a futile
exercise. The facts of the present case is squarely covered
by the Judgments of the Hon'ble Supreme Court in the
cases of Gian Singh v. State of Punjab and another
reported in 2012 (10) SCC 303 and B.S. Joshi & others
v. State of Haryana & another reported in (2003) 4 SCC
675 and MadhavraoJi Wajirao Scindia & another v.
Sambhajirao ChandrojiraoAngre and others, reported
in AIR 1988 SC 709 therefore, the petition deserves merit.
9. Taking into consideration the aforementioned
judgment, facts of the case and submission made at bar,
the Mahanga P.S. Case No.233 of 2021 corresponding to
G.R. Case No.780 of 2021 pending in the Court of learned
J.M.F.C., Salipur and the consequential proceedings
arising therefrom qua the petitioner is quashed subject to
paying cost of Rs.1,000/- to be paid to opposite party no.2
by the petitioner.
10. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Location: High Court of Orissa, Cuttack.
