Anup Kumar Choudhury vs State Of Odisha ..... Opp. Parties
2025 Latest Caselaw 7612 Ori

Orissa High Court

Anup Kumar Choudhury vs State Of Odisha ..... Opp. Parties on 29 April, 2025

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLMC No.4060 of 2024

1. Anup Kumar Choudhury               .....                               Petitioners
2. Ajaya Kumar Choudhury
3. Bharati Choudhury
4. Archana Choudhury

                                                              Ms. S. Das, Advocate
                                      Vs.
 1. State of Odisha                   .....                          Opp. Parties
 2. Smt. Madhusmita Behera                           Mr. Udit Ranjan Jena, AGA
                                                                     (for O.P.1)
                                             Mr. Gopal Krishna Behera, Advocate
                                                                     (for O.P.2)


                  CORAM:
                   THE HON'BLE MISS JUSTICE SAVITRI RATHO

                                           ORDER

29.04.2025 (Through hybrid mode) Order No.

03. 1. This application has been filed for quashing the order of cognizance dated 19.02.2019 passed by the learned S.D.J.M., Talcher in G.R. Case No.639 of 2018, arising out of Bikrampur FCI P.S. Case No.58 of 2018 taking cognizance of offences punishable under Sections 498(A), 294, 506, 406/34 of I.P.C. read with Section 4 of D.P. Act as well as the entire proceedings in above G.R. Case.

2. Waiving notice, Mr. G.K. Behera, learned counsel has appeared on behalf of the Opposite Party No.2. Copy of the application has been served on him.

3. Ms. S. Das, learned counsel for the petitioner submits that the marriage between the Petitioner No.1 and Opposite Party No.2 has already been dissolved by a decree of divorce under Section

13(1)(ia)(ib) of the Hindu Marriage Act and Petitioner No.1 has been directed to return ₹8,83,000/- to the Opposite Party No.2.

4. The copy of the judgment and decree has been annexed as Annexure-4 to the application. Perusal of the same indicates that Opposite Party No.2 had also filed counter claim and the same has been partly allowed.

5. Drawing my attention to paragraph-23 of the judgment learned counsel for the petitioners submits that the Opposite Party No.2 had also claimed for divorce. She further submits that since the marriage between the parties has already been dissolved by a decree of divorce, no usual purpose would be served by keeping the GR case pending. She further submits that petitioners reside in Kendrapara while the case is pending in Talcher since long and as the distance between Kendrapara and Talcher is about 300 kilometers away and since witness do not appear on the date fixed, the petitioners are facing difficulties to attend the trial.

6. Mr. G.K. Behera, learned counsel appearing on behalf of Opposite Party No.2 submits that he has filed MATA No.333 of 2024 challenging the decree of divorce.

7. As the learned counsel for the parties are arguing amongst themselves instead of addressing the Court, the matter is adjourned to 05.05.2025.

(Savitri Ratho) Judge

Designation: Asst. Registrar-Cum-Senior Secretary

HIGH COURT Date: 29-Apr-2025 20:15:38