Orissa High Court
Saroj Kumar Dash vs State Of Odisha And Another .... ... on 20 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 4034 of 2024
Saroj Kumar Dash .... Petitioner(s)
Mr. B. Pujari, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. S.J. Mohanty, ASC
Mr. M.K. Sahu, Advocate (O.P.No.2)
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 20.02.2025
04. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
Purushottampur P.S. Case No. 175 of 2009 came to be registered
against the petitioner corresponding to G.R. Case No. 175 of 2009,
pending in the court of the learned JMFC, Purushottampur for the
alleged commission of offence punishable under Sections 498-
A/313/506/323/406/34 IPC read with Section 4 of D.P. Act.
3. The petitioner is seeking quashing of the entire criminal
proceeding initiated against him by the opposite party.2.
4. Notice was issued to opposite party no.2 and Mr. M.K.
Sahu, learned counsel has entered appearance on her behalf. Mr.
Sahu, learned counsel for opposite party no.2 on instruction
submitted that opposite party no.2 has no objection if the petition is
allowed. He has submitted that the parties have already settled the
dispute and pursuance thereto they have filed a compromise petition
before the learned Civil Judge (Senior Division), Kodala, Ganjam
in Mat Case No.5 of 2015. The settlement terms, the parties inter
alia agreed are as under:-
"2. That we both the parties reached in a compromise in
present of their parents and relative respectively, under
the following grounds:
i. That we both the parties have no chance
for out re-union. Hence they want for their
separate life, from today, and hence praye
through this petition to dissolve their
marriage which was solemnized on
07.02.2007, by accepting this petition.
ii. That the plaintiff pad Rs.1,00,000/- (one
lakh) to the defendant as permanent
alimony and the defendant accepted the
said alimony before the Hon'ble Court
today, i.e., at Lok Adalat held at
Kabisuryanagar Sri Mardaraj High
Schoo.
iii. That the defendant in view of this
compromise undertakes to withdraw the
GR Case No.175/2009 pending before the
Hon'ble JMFC, Purushottampur U/s 498-
A,313,506,34 of IPC, 4 D.P. Act against
the plaintiff and his other family members,
and also withdraw the maintenance case
pending before the JMFC, Chhatrapur
vide M.C. Case No.65/13."
5. Pursuance to the settlement terms, the marriage between
the petitioner and opposite party no.2 has already been annulled
vide judgment dated 28.06.2025 by the learned Civil Judge (Senior
Division), Kodala, Ganjam. On the basis of the same, learned
counsel for the petitioner submits that the present proceeding may
also be dropped.
6. Mr. Mohanty, learned counsel for the State submits that
since the matter is arising out of a matrimonial discord, which is
emanating from the record and it is also reflecting in the judicial
record on the basis of which the petitioner is seeking quashing of
the criminal prosecution, there is no legal impediment to quash the
proceeding.
7. Since opposite party no.2 has no objection to the same and
learned counsel for opposite party no.2 submits that the parties have
settled their dispute and pursuance thereto the marriage between the
petitioner and opposite party no.2 has already been annulled way
back in the year 2015, I am inclined to allow the present petition.
8. Regard being had to the allegation made by the opposite
party no.2 against the petitioner and the fact that they have settled
the dispute and filed affidavit before court below and pursuance
thereto the marriage between the petitioner and opposite party no.2
has already been annulled, 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 petitioner to rigors of the trial is
destined to be futile exercise. The case of the petitioner 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.
9. Accordingly, the criminal proceeding in connection with
Purushottampur P.S. Case No. 175 of 2009 corresponding to G.R.
Case No. 175 of 2009, pending in the court of the learned JMFC,
Purushottampur is quashed.
10. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa
Date: 20-Feb-2025 18:54:12
