Orissa High Court
Saumitra Parida & Ors vs State Of Orissa And Another .... ... on 10 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1369 of 2025
Saumitra Parida & Ors. .... Petitioner(s)
Mr. B.K. Rath, Advocate
-versus-
State of Orissa and another .... Opposite Party(s)
Mr. S.J. Mohanty, ASC
Mr. S.R. Mohapatra, Advocate (O.P.No.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 10.04.2025
01. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
Kisannagar P.S. Case No. 71 of 2022 came to be registered against
the petitioners corresponding to G.R. Case No. 1118 of 2022,
pending in the court of the learned JMFC-IV, Cuttack.
3. The allegation against the petitioners is that the informant
lodged the FIR in Kissannagar Police Station on 01.05.2022
alleging therein that she has married to the petitioner no.1 on
25.1.2015. At the time of negotiation of marriage, the petitioner
no.2-Susanta Parida falsely represented that the husband is serving
in a company. After marriage Susanta Parida the younger brother of
the petitioner no. 1 gave consonance not to be worried. But Susanta
whenever come to the house tortures her and threaten her not to
disclose and her husband also assaults her even try to kill her by
strangulation by a pillow when she was pregnant. Their neighbour
telephoned to the informant's father and they took her where the son
was born. The informant remained three years in her father's house.
The younger brother Susant brought her with assurance not to
commit further torture. When she came to the in law's house, her
husband started torturing on the demand to bring further
Rs.50,000/- from her father. She further alleged that her son has
attained the age of school going but the husband and his family
members are not admitting him in any school.
4. After investigation, charge sheet in the present case has
been filed on 29.06.2022 and subsequent thereto on 14.07.2022,
cognizance of offences punishable under Sections 498-A/294/
323/506/354/406//34 of IPC read with Section 4 of the D.P. Act has
been taken by the trial court against the petitioners. Before the
charge is framed and trial commenced, the parties have entered into
a settlement and on the basis of the settlement terms, the present
petition has been filed seeking quashing of the entire criminal
prosecution.
5. The petitioners and opposite party no.2 the informant are
present in Court and being represented and identified by their
respective counsels. They have also filed self-attested copies of
their Aadhaar Cards to establish their identity, which are taken on
record.
6. Pursuant to the settlement terms, the petitioner no.1 and
opposite party no.2 have filed a petition under Section 13 (B) of the
Hindu Marriage Act before the court of the Judge, Family Court,
Cuttack seeking dissolution of their marriage by mutual consent.
The said petition is still pending before the court below.
7. The opposite party no.2 has filed an affidavit dated
10.04.2025 inter alia stating as under:-
2. That I have married to the petitioner no.1 on dated
25.01.2015 according to Hindu Custom and rite. After
marriage we led conjugal life till 5.4.2022 in the house of
the petitioner/husband.
3. That due to dissention with the petitioner no.1, I lodged
written report on 1.5.2022 before the I.I.C Kissannagar
Police station which is registered of Kissannagar P.S case
no. 71 of 2022 corresponding to G.R case no 1118 of 2022
under section 498-A/323/294/506/354/406/34 IPC read
with sec.4 of D.P.Act pending in the court of the J.M.F.C
(IV) Cuttack. After submission of Charge Sheet the learned
Court below took cognizance on dated 14.7.2022.
4. That on consensus and without any coercion we both
petitioner no.1 and myself file the Mutual consent divorce
petition under section 13-B of Hindu Marriage Act before
the Judge, Family Court, Cuttack vide C.P no 40/2025 and
annexure-4 of the petition and the same is pending for
disposal.
5. That I have already taken back the articles presented at
the time of marriage. There is no chance of reunion with
the petitioner. In order to bring the harmony between us,
the G.R case no 1118 of 2022 under section 498-
A/323/294/506/354/406/34 IPC read with sec.4 of D.P.Act
pending in the court of the J.M.F.C (IV) Cuttack arising
out of Kissannagar P.S case no. 71 of 2022 may be
compounded and I do not want to proceed with the same."
8. Opposite party no.2, who is present in Court, on query
from the Court submits that she want to settle in her life and she has
settled the dispute with the petitioner no.1 and her in-laws and she
has already moved on in her life and does not want to prosecute the
petitioners in anymore. She has already filed an affidavit, which has
been quoted above.
9. Mr. Mohanty, learned counsel for the State submits that
the dispute is arising out of a matrimonial discord and the parties
have already settled their dispute. He submits that opposite party
no.2 has filed an affidavit before this Court joining the prayer with
the petitioners for quashing of the FIR on the ground of settlement
and since both the petitioner no.1 and opposite party no.2 applied
for dissolution of their marriage by mutual consent, there is no legal
impediment in giving indulgence to the petitioners.
10. Regard being had to the allegation made by the opposite
party no.2 against the petitioners and the fact that they have settled
the dispute and filed affidavit before this Court, I am inclined to
allow the present petition. Further, continuation of the present
proceeding will not enure to the benefit to either parties and,
therefore, in these circumstances subjecting the petitioners to rigors
of the trial is destined to be futile exercise. The case of the
petitioners is directly covered by the judgment of the Hon'ble
Supreme Court in the cases of Gian Singh vs. State of Punjab and
another reported in 2012 (10) SCC 303 and B.S. Joshi & others vs.
State of Haryana & another reported in (2003) 4 SCC 675.
11. Accordingly, the criminal proceeding in connection with
Kissannagar P.S. Case No. 71 of 2022 corresponding to G.R. Case
No. 1118 of 2022, pending in the court of the learned JMFC-IV,
Cuttack is quashed.
12. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 11-Apr-2025 19:41:23
