Orissa High Court
Dharanidhar Mohanty & vs State Of Odisha And Another .... ... on 17 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 2077 of 2024
Dharanidhar Mohanty & .... Petitioners
others
Mr. S.K. Lenka, Advocate
-versus-
State of Odisha and another .... Opposite Parties
Mr. S.J. Mohanty, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 17.01.2025
04. 1. The petitioners by invoking inherent jurisdiction
of this Court under Section 482 Cr.P.C. are seeking
quashing of the F.I.R. and consequential criminal
proceedings in connection with Bhubaneswar Mahila
P.S. Case No.89 of 2017, corresponding to C.T. Case
No.1894 of 2018 pending in the court of learned SDJM,
Bhubaneswar registered for the alleged commission of
the offences punishable under Sections 498A/294/
323/506/34 IPC.
2. Notice was issued to opposite party no.2 on
02.09.2024 by this Court and the notice was duly served
on her. Thereafter, on 03.10.2024, awaiting appearance
on behalf of her, the matter was adjourned. Eventually,
on 11.12.2024, the following order was passed:-
"1. Notice on opposite party no.2 is sufficient,
but none has entered appearance on her behalf.
2. In the interest of justice, list this matter on
16.01.2025.
3. The interim order passed earlier shall
continue till the next date of hearing."
3. Today the matter is again listed but none
appeared for opposite party no.2. Learned counsel for
the petitioners submits that opposite party no.2 is
avoiding appearence before this Court for obvious
reasons that she has already received the permanent
alimony and her marriage with petitioner no.5 has
already been dissolved, therefore she is not taking
interest. Learned counsel for the petitioner submits that
in this circumstances, the present matter be taken up
and the criminal proceeding initiated by opposite party
no.2 against the petitioners may be quashed.
4. The petitioners are present in Court. They are
being represented by their counsel and identified by
them. They have also filed the photocopies of their self-
attested Aadhaar Cards to establish their identity, which
are taken on record.
5. The petitioner no.5 is the husband of opposite
party no.2. The parties have settled their dispute on
compromise terms. On the basis of the settlement,
petitioner no.5 and opposite party no.2 approached the
learned Judge, Family Court, Bhubaneswar by filing C.P.
No. 288 of 2018 under Section 13 (B) of the Hindu
Marriage Act for dissolution of their marriage by mutual
consent. The learned Judge, Family Court, Bhubaneswar
vide its judgment dated 10.01.2019 has allowed the
petitioner and dissolved the marriage between petitioner
no.5 and opposite party no.2. The petitioner no.5 has
also paid the permanent alimony of Rs.4.00 lakhs, which
is evident from the judgment dated 10.01.2019 passed
by the Family Court in C.P. No.288 of 2018, which has
been placed on record as Annexure-4.
6. Mr. Mohanty, learned Additional Standing
Counsel submits that the dispute is arising out of
matrimonial discord. The parties have already settled the
dispute and pursuance to the settlement petitioner no.5
and opposite party no.2 applied for dissolution of their
marriage by mutual consent, which has already been
allowed by the Judge, Family Court, Bhubaneswar.
Therefore, there is no legal impediment in quashing of
the entire proceeding.
7. Regard being had to the aforesaid submissions
made by the parties and keeping in view the judgment of
the Hon'ble Supreme Court in the cases of Gian Singh
v. State of Punjab and another, reported in 2012 (10)
SCC 303 and B.S. Joshi and others v. State of
Haryana and another, reported in (2003) 4 SCC 675, I
am of the considered view that subjecting the petitioners
to the rigors of the trial would be a futile exercise.
Therefore, the petition deserves merit.
8. Accordingly, the criminal proceeding in
connection with Bhubaneswar Mahila P.S. Case No.89 of
2017, corresponding to C.T. Case No.1894 of 2018
pending in the court of learned SDJM, Bhubaneswar is
quashed.
9. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa, Cuttack
