Orissa High Court
Dinesh Prasad Pattnayak vs State Of Odisha And Another .... ... on 16 April, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3030 of 2022
Dinesh Prasad Pattnayak .... Petitioner(s)
Mr. S. Palit, Senior Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. U. R. Jena, AGA
Mr. S. Samal, Advocate for O.P.2
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 16.04.2025
02. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. dated
11.02.2021 in UPD, Bhubaneswar Mahila P.S. Case No.17 of 2021
came to be registered against the petitioner for the alleged
commission of offences punishable under Sections 498-
A/323/506/34 of I.P.C. read with Section 4 of the D.P. Act. The
petitioner is the father-in-law of the opposite party No.2
3. The allegation against the petitioner in the F.I.R. is that the
petitioner is the father-in-law of the opposite party No.2. The
petitioner's son and the complainant/opposite party No.2 got
married on 04.07.2014 at Hotel Kalinga Ashok, Bhubaneswar
according to the Hindu rituals and customs. At the time of marriage,
her father has given 300 grams of gold ornaments and silver
ornaments along with an amount of Rs.3,50,000/- as per demand. It
is alleged that after the marriage, the petitioner demanded
Rs.10,00.000/- for the purpose of marriage. When the opposite
party No.2 refused the same, the petitioner assaulted her both
mentally and physically. Hence, this case.
4. Vide order dated 23.11.2022, notice was issued to the
opposite party No.2. Pursuant to the same, Mr. Samal, learned
counsel has entered appearance on behalf of the opposite party
No.2.
5. The opposite party No.2 has filed an affidavit dated
16.04.2025 inter alia stating as under:-
"1. That I am the Opposite Party No.2 in the present
case am fully competent to swear this affidavit.
2. That I have gone through the petition filed by the
Petitioner under Section 482 of the Code of Criminal
Procedure, 1973 and I understand its contents.
3. That I am not 42 years old and the prolonged
matrimonial litigation has taken a serious toll on my
health, leading to various serious aliments including
Diabetes, High BP, Thyriod, heart disease and kidney
aliments and other blood issues. This ongoing
struggle is not only affecting my physical well-being
but also disturbing my peace of mind, making
everyday life increasingly difficult.
4. That considering her advanced age of 80 years and
my own deteriorating health conditions, I wish to
withdraw from this litigation in the interest of peace
and well- being.
5. That in view of the aforesaid reasons, I have no
objection if this Hon'ble Court is pleased to allow the
prayer of the Petitioner for exonerating her from
charges and entire proceedings against her.
6. Learned counsel for the opposite party No.2 submits that
keeping in view of the old age of the petitioners, the opposite party
No.2 does not want to press this petition against the petitioners and
extending consent for quashing of the F.I.R. and the consequential
proceeding initiated by her against the petitioner. However, she
submits that she will continue the criminal proceeding qua her
husband.
7. Mr. Jena, learned Additional Government Advocate for the
State submits that essentially the dispute is arising out of a
matrimonial discord and keeping in view the age of the petitioner,
since the opposite party No.2 does not want to prosecute the matter
against her, this Court may give indulgence in the present matter as
there is no legal impediment.
8. Regard being had to the fact that the parties have settled
their dispute and keeping in view 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, I am of
the considered view that subjecting the petitioner to the rigors of the
trial would be a futile exercise. Therefore, the petition deserves
merit.
9. Accordingly, the criminal proceeding in F.I.R. dated
11.02.2021 in UPD, Bhubaneswar Mahila P.S. Case No.17 of 2021
and the consequential proceedings arising therefrom qua the
petitioner are quashed.
10. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 18-Apr-2025 14:34:57
