Prasanta Kumar Mohapatra vs State Of Odisha And Another .... ...
2024 Latest Caselaw 16123 Ori

Orissa High Court

Prasanta Kumar Mohapatra vs State Of Odisha And Another .... ... on 23 October, 2024

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CRREV No.120 of 2001


                 1. Prasanta Kumar Mohapatra               ....         Petitioners
                 2. Sanjukta Mohapatra
                                                    Mr. Akash Bhuyan, Advocate
                                                  Mr. Anwesha Mishra, Advocate
                                             -versus-
                 State of Odisha and another              .... Opposite Parties
                                                      Mr. L. Samantaray, A.G.A.


                 CORAM:
                 THE CHIEF JUSTICE


                                            ORDER

Order No. 23.10.2024

9. This matter is taken up through Hybrid mode.

2. The petitioners have put to challenge a judgment and order dated 15.03.2001 passed by learned Additional Sessions Judge, Jagatsinghpur in Criminal Appeal No.95 of 1997 whereby the appellate court has upheld the conviction of the petitioner No.1 for the offence punishable under Sections 498-A/323 of the IPC and Section 4 of the D.P. Act.

3. Petitioner No.2 was convicted of the offences punishable under Section 498-A/379 of IPC and Section 4 of the DP Act.

4. Petitioner No.1 is the husband of the informant. Petitioner No.2 is the mother-in-law of the informant, who is said to have died during pendency of the present criminal revision petition, as per the instructions received by the learned counsel appearing on behalf of the petitioners.

5. This criminal revision petition to the extent it relates to petitioner No.2 stands abated accordingly.

6. Learned counsel appearing on behalf of petitioner No.1 has submitted that it was primarily because of matrimonial discord between him and the informant that the criminal case was instituted. In course of time, they have resolved their disputes and are living together. They have children out of the said wedlock. A compromise affidavit has been filed on behalf of petitioner No.1 stating that the parties have resolved their disputes. Learned counsel appearing on behalf of petitioner No.1 has further submitted that no purpose will be served in view of the subsequent development by upholding the conviction for the offences punishable under Sections 498-A/323 of IPC particularly as the conviction under Section 4 of the D.P. Act is compoundable since the parties have arrived at a compromise.

7. In view of the subsequent development and compromise affidavit filed on behalf of the petitioner No.1, the order passed by the learned appellate court upholding the conviction under Section 498-A, 323 of the IPC and Section 4 of the D.P. Act is set aside. Petitioner No.1 stands acquitted of the offences under Sections 498- A, 323 of the IPC and Section 4 of the D.P. Act.

8. This criminal revision is disposed of accordingly.

9. Petitioner No.1 is discharged of the liabilities of bail bond.

(Chakradhari Sharan Singh) Chief Justice

S.K. Guin/P.A.

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack Date: 06-Nov-2024 14:48:35