Orissa High Court
Gouri Shankar Behera vs State Of Odisha & Another .... Opp. ... on 31 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.125 of 2025
Gouri Shankar Behera .... Petitioner
Mr.B.P.Tripathy,
Senior Advocate
assisted by Mr.
Rakesh Behera,
Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr.Bibekananda
Nayak, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 31.01.2025
01.
1.
Heard.
2. At the instance of the opposite party No.2, the
F.I.R. in connection with Badagada P.S. Case No.681
of 2023 corresponding to C.T. Case No.1112 of 2023
came to be registered against the petitioner for the
alleged commission of offences punishable under
Sections 498-A/341/294/323/506 of the IPC, pending
in the Court of learned JMFC-IV, Bhubaneswar.
3. The allegation against the petitioner is that, on
05.12.2023, the complainant-the opposite party No.2
reported at the P.S. alleging against her husband (the
present petitioner) that the petitioner assaulted and
abused her in obscene languages and threatened her
with dire consequences. Hence, she reported the mater
at the P.S. for taking legal action against the
petitioner.
4. The charge sheet was filed in the present case on
14.12.2023 for the alleged commission of the offences
punishable under Sections 341/294/323/506 of the
IPC.
5. The learned trial Court, vide order dated
14.12.2023, has taken the cognizance of the offences
as mentioned above. The petitioner is aggrieved by the
said cognizance order dated 14.12.2023 has assailed
before this Court by filing the present petition.
6. When the trial is about to commence in the present
case, the parties have settled their dispute and on the
basis of the settlement terms, the present petition has
been filed.
7. The petitioner and the opposite party No.2 are
present in the Court today physically being
represented by their respective counsel. They have
also filed the photocopies of their self-attested Aadhaar
Cards to establish their identity, which are taken on
record. The parties have also filed joint affidavit dated
31.01.2025, inter alia, stating as under:
"1. That the 1st party is the petitioner and husband
of the Opp. Party No.2 and 2nd party is the wife of
the petitioner & Opp. Party No.2 (Informant) in this
case. The Xerox copy of the Aadhaar Card &
Passport of both the parties are filed.
2. That on 05.12.2023, the Opp. Party No.2 lodged
an FIR before the IIC, Badagada PS and it was
registered as Badagada PS Case No.681 of 2023 for
commission of offences U/s. 498-A/ 341/ 294/
323/506 of IPC against the petitioner. Subsequently,
charge sheet was submitted and cognizance was
taken for commission of the said offences.
3. That the 1st party filed C.P. Case No.979 of 2019
before learned Judge, Family Court, Bhubaneswar.
The 2nd party entered appearance in that case.
During pendency of the Civil proceeding before the
learned Judge, Family Court, Bhubaneswar looking
to the age and future of both the parties, counsels of
both the parties along with the mediator of family
court mediation center tried their level best to re-
unite them. However, the re-union attempt was
failed. Finally both the parties came to a conclusion
that they will be separated on mutual consent on
payment of permanent alimony of Rs.10,00,000/-
(Rupees ten lakhs) to the 2nd party by the 1st party.
Further it was also decided that the 2nd party will
co-operate with her husband and mother-in-law in
quashing of criminal proceeding arising out of
Sambalpur Mahila PS Case No.52 of 2020 for
commission of offence U/s. 498(A)/294/506/34 of
IPC r/w Section 4 of the D.P. Act and Badagada PS
Case No.681 of 2023 for commission of the offences
U/s.498-A/341/294/323/506 of IPC before Hon'ble
High Court of Orissa, Cuttack.
4. That during pendency of the civil proceeding
before learned Judge, Family Court, Bhubaneswar
the dispute between both the parties was come to a
compromise table and as per the compromise the 1st
party executed Demand Draft worth of
Rs.10,00,000/- (rupees ten lakhs) in the name of the
2nd party.
5. That it is respectfully submitted that in
accordance with such compromise the C.P. Case
No.979 of 2019 before learned Judge, Family Court,
Bhubaneswar vide order dated 30.01.2025 was
ended in compromise and decree of divorce was
allowed on payment of Rs.10,00,000/- (Rupees ten
lakhs) to the 2nd party.
6. That it is respectfully submitted that since the
dispute between the 1st party & 2nd party was
settled amicably, hence the 2nd party does not want
to proceed further against the 1st party in the
criminal proceeding arising out of Badagada PS
Case No.681 of 2023 for commission of offence U/s.
498(A)/ 341/ 294/323/506 of IPC.
7. That we both the parties are swearing this
affidavit without any threat, coercion inducement,
pressure or promise, rather we are swearing this
affidavit with our sweet will. We will also not
dispute this compromise affidavit in future."
8. The opposite party No.2, who is present in the
Court today, on the query from the Court, states that
she has already settled the dispute with the petitioner.
On her consent, the divorce proceeding has been
initiated mutually by her and the petition has been
allowed by the Court below vide order dated
30.01.2025. She has also received the permanent
alimony to the tune of Rs.10,00,000/- (Rupees ten
lakhs) from the petitioner. Therefore, she does not
have any grievance against the present petitioner.
Hence, she joins with the petitioner praying for
quashing of the present proceeding.
9. Mr. Nayak, learned Additional Government
Advocate appearing for the opposite party No.1-State
submits that, the dispute is essentially arising out of a
matrimonial discord leading to registration of the
F.I.R. and the parties have settled their dispute. They
have also filed the joint affidavit before this Court in
that regard. Therefore, there is no legal impediment in
quashing the F.I.R.
10. Regard being had to the submissions made above,
and the fact that the parties have settled their dispute,
I am inclined to allow the present petition. In the fact
scenario of the present case, subjecting the petitioner
to the rigors of trial at this stage would be a futile
exercise. The present case is squarely covered by the
judgments of the Hon'ble Supreme Court in the cases
of Gian Singh v. State of Punjab and another,
reported in 2012 (10) SCC 303; B.S. Joshi & others
v. State of Haryana & another, reported in (2003) 4
SCC 675 and Madhavrao Jiwaji Rao Scindia &
another v. Sambhajirao Chandrojirao Angre and
others, reported in AIR 1988 SC 709, therefore, the
petition deserves merit.
11. Taking into consideration the aforementioned
judgments, the facts of the case and submissions
made at the Bar, the F.I.R. in connection with
Badagada P.S. Case No.681 of 2023 corresponding to
C.T. Case No.1112 of 2023 pending in the Court of
learned JMFC-IV, Bhubaneswar and the consequential
proceedings arising therefrom qua the petitioner are
quashed.
12. The CRLMC is accordingly disposed of.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 31-Jan-2025 19:17:22
