Orissa High Court
Jagadish Kumar Acharya And vs State Of Odisha And Another .... ... on 29 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 3224 of 2022
Jagadish Kumar Acharya and .... Petitioner(s)
others
Mr. K.C. Pradhan, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. U.R. Jena, AGA
Mr. D.P. Das, Advocate for O.P.2
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 29.01.2025
07. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. in
Hemagiri P.S. Case No. 182 of 2021 came to be registered against
the petitioners corresponding to G.R. Case No. 1180 of 2021,
pending the court of the learned S.D.J.M., Sundargarh for the
alleged commission of offences under Sections 498-
A/294/323/506/34 of I.P.C.
3. The allegation against the petitioners are that the informant
submitted a written report at Hemagiri P.S. that she got married to
Prabin Acharya-petitioner no.3 son of petitioner no.1 of Ujalpur
(Beldhipa) on 05.02.2019 as per Hindu ritual. After 15 days of
marriage her husband, the father in law and mother in law had
started torturing her both physically and mentally for more dowry.
As her father did not give motor cycle during marriage, her husband
and father-in-law tortured her all the times. Then she blessed with a
child and now her age about 19 months. But her daughter kept with
her husband and the father in law assaulted her by a small blade and
got injured in her left hand. Her husband and father in law taken
away her ATM card, certificate and other dowry articles and did not
give her and threatened her to kill. On 21.04.2021 she along with
her husband and daughter came to her parental house at Hemgiri on
Ram Nabami . On the same day at about 12.30 P.M. her husband
called her in a room and assaulted her and then he abused her
father, mother and sister in filthy language and quarreled with them.
Thereafter, on 16.6.2021 they amicable settled their dispute and she
went to her in-laws house. But again her husband, father-in-law and
mother-in-law tortured her for more dowry. On dated 28.7.21 at
about 8.30 P.M. her father-in -law and mother-in-law abused her in
filthy language and let her and her daughter out from the house and
locked the outer gate. Then she called her father over phone and her
father came with the village gentry and rescued her and took her to
Hemgiri. Her husband and father-in-law are working in Forest
Department and they threatened her parents to kill them. Hence, the
F.I.R.
4. All the three petitioners and the opposite party No.2 are
present in the 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.
5. After investigation, charge sheet in the present case has
already been submitted on 06.10.2021 for the alleged offences as
mentioned above. Before the trial could commence, the parties have
entered into a settlement. On the basis of the comprised terms, all
the three petitioners and opposite party no.2 have approached this
Court for quashing of the entire proceeding and they have also filed
separate affidavits dated 28.01.2025, stating inter alia that they have
resumed their marital live, hence they are seeking quashing of the
proceeding. The relevant contents of the affidavit filed by the
informant-opposite party no.2 are reproduced hereunder:-
"2. That myself and petitioner no.3 are legally
married couple blessed with a daughter namely
Bhagyashree. Due to some misunderstanding between
us, there was a case vide G.R. Case No.1180/2021
arising out of Hemgir P.S. Case No.182/2021 pending
before the learned JMFC, Hemagiri.
3. That in presence of both the parties along with
village Bhadraloks and our family members, we
agreed to stay unitedly and agreed to resume our
conjugal relationship in the same way at before
without any hesitation. Accordingly, we have been
maintaining out conjugal life happily in my husband's
house.
4. That we both decided to withdraw all cases filed
at different courts against each other. And we decided
to give respect each other to maintain our conjugal
life with good understanding.
5. That I filed this affidavit without any pressure
from any person, I filed in our good understanding
for maintain our conjugal life smoothly.
6. That as per term and condition of the
compromise petition we (both wife and husband) to
look our female child without any hesitation.
7. That as per term and condition of the
compromise petition we both maintain our family
happily without any hesitation till ever."
6. Mr. Jena, learned Additional Standing Counsel for the
State submits that the dispute has already been resolved by the
parties and they have also filed affidavits before this Court to that
effect, there is no legal impediment in quashing of the criminal
proceeding.
7. Regard being had to the fact that the dispute is arising out
of matrimonial discord and parties have already settled their dispute
to that effect they have already filed separate affidavits before this
Court and the opposite party no.2 has already stated before this
Court that she has resumed her marital life and she is also blessed
with a child, I am inclined to allow the present petition. Further,
continuation of the present proceeding will not endure any 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
8. Accordingly, the criminal proceeding in connection with
Hemagiri P.S. Case No.182 of 2021 corresponding to G.R. Case
No.1180 of 2021 pending in the Court of the learned S.D.J.M.,
Sundargarh is quashed qua the petitioners.
09. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Ashok
Signed by: ASHOK KUMAR JAGADEB
Location: High Court of Orissa, Cuttack
Date: 29-Jan-2025 18:04:29
