Orissa High Court
Subrat Nahak And Others vs State Of Odisha And Another .... ... on 13 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 613 of 2025
Subrat Nahak and others .... Petitioner(s)
Mrs. Sujata Jena, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. S.N. Biswal, ASC
Mr. S. Mohapatra, Advocate (O.P.No.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 13.02.2025
01. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
NALCO P.S. Case No. 145 of 2016 came to be registered against
the petitioners corresponding to G.R. Case No. 1730 of 2016,
pending in the court of the learned JMFC, Angul for the alleged
commission of offences under Sections 498(A)/294/323/506/34.
3. The allegation against the petitioners in nutshell is that
petitioner no.l had married to the O.P no.2 as per Hindu rites and
customs on 21.04.2015 in presence of their parents and relatives. It
was an arrange marriage. At the time of marriage, petitioner was
serving as junior manager (Electrical Dept.) at Nalco, Angul and
O.P was pursing her study in integrated MBA course. The marriage
was consummated. However, within a year the O.P no.2 filed ICC
no.224/2016 in the court of Ld. SDJM, Angul against the petitioner
and his parents alleging therein torture for dowry, forced abortion
etc. As per the direction of the Ld. Magistrate said case was
registered as Nalco Nager P.S case no. 145/2016 u/s 498, 294, 323,
312, 313, 354,451, 452, 506/34 of IPC and u/s 4 of D.P Act which
has given rise to G.R no. 1730/2016 pending in the court of Ld.
JMFC, Angul. In that case after investigation charge-sheet was
submitted u/s 498 (A), 294, 323, 506/34 of I.P.C . The O.P no.2 has
also filed CRP case no.93/2019 u/s 125 of C.r.P.C claiming
maintenance from the petitioner on the ground that her husband
deserted her due to non-payment of dowry articles and she is
maintaining a life of destitute, solely depending on her parents and
her father was on the verge of retirement and not in a position to
maintain her. In that case Ld. Judge Family court was pleased to
grant Rs. 12000/- as maintenance in favour of the O.P no.2.
4. The present matter is arising out of a matrimonial discord.
Investigation in the present case is still going on. At this stage,
petitioners have entered into a settlement with the opposite party
no.2 and on the basis of the settlement terms, the present petition
has been filed seeking quashing of the entire prosecution.
5. The petitioner no.1 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. In so far as the petitioners no.2 and 3 are concerned, they
are physically not present. However, petitioner no.1 has filed an
affidavit dated 13.02.2025 on his behalf and on behalf of other
petitioners. Ms. Jena, learned counsel for the petitioners has also
filed an application on behalf of petitioners no.2 to 3 seeking
exemption from their personal appearance before this Court today
by moving an application, which is taken on record. For the reasons
stated in the application, the same is allowed and the personal
appearance of petitioners Nos. 2 and 3 dispensed with.
6. The joint affidavit dated 13.02.2025 filed by the petitioner
no.1 on his behalf as well as other petitioners and opposite party
no.2 enumerates the terms of settlement, which reads as under:-
2. That it may be submitted that the petitioner no.1 has
also filed C.P. No.121 of 2019 in the court of Ld. Judge,
Family Court Angul under section 13(1) of Hindu
Marriage Act seeking dissolution of marriage on the
ground of desertion and cruelty. The C.P. was allowed on
18.05.2023 in dissolving the marriage between the
petitioner and O.P. no.2 by the learned Judge, Family
Court, Angul. O.P. No.2 has preferred MATA No. 210 of
2023 before this Court challenging the judgment and order
of Ld. Judge Family Court.
3. That it is apt to mention here that on the intervention of
the relatives and friends both the parties have decided to
compromise the dispute between themselves and
accordingly on 11.02.2025 the MATA was listed and the
Hon'ble Court was pleased to confirm the order of the Ld.
Judge Family Court in dissolving the marriage between
the parties since the O.P. No.2 agreed to receive Rs.33
lakhs towards permanent alimony. In the said order the
O.P. No.2 also agreed to take steps for withdrawal all of
cases filed by her against the petitioners. Therefore, this
joint affidavit is being filed since it is decided between the
petitioner no.1, the husband and the O.P.No.2, the wife to
give a final touch to all the disputes between them."
7. Reading of the contents of the affidavit filed by the parties
indicates that the parties have decided to put to rest of the dispute
amongst them and accordingly they have entered into the
settlement. The petitioner no.1 has paid Rs.33,00,000/- as
permanent alimony to the opposite party no.2 and opposite party
no.2 has agreed to terminate the proceeding she has initiated against
the petitioners. Petitioner no.2, who is present in Court, on the
query from the Court, she has reiterated her statement.
8. Mr. Biswal, learned counsel for the State submits that
since the dispute is arising out of a matrimonial discord and the
parties have settled the dispute and file affidavit before this Court,
there is no legal impediment to quash the proceeding.
9. Regard being had to the nature of allegation made by the
opposite party no.2 against the petitioners and the fact that they
have settled the dispute and filed affidavits before this Court, I am
inclined to allow the present petition. Further, continuation of the
present proceeding will not endure 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.
10. Accordingly, the criminal proceeding in connection with
NALCO P.S. Case No. 146 of 2016 corresponding to G.R. Case
No. 1730 of 2016, pending in the court of the learned JMFC, Angul
is quashed.
11. The CRLMC is accordingly disposed of.
Digitally Signed (S.S. Mishra)
Signed by: ASHOK KUMAR JAGADEB
MOHAPATRA Judge
Reason: Authentication
Ashok
Location: High Court of Orissa
Date: 14-Feb-2025 18:18:23
