Orissa High Court
Suman Muduli And Others vs State Of Odisha And Another .... ... on 4 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4046 of 2024
Suman Muduli and others .... Petitioner(s)
Mr. A. N. Samantaray, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. S.J. Mohanty, ASC
Ms. J. Rout, Advocate for O.P.2
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 04.03.2025
02. 1. Heard.
2. At the instance of the opposite party No.2, the F.I.R. dated
15.12.2015 in Tirtol P.S. Case No.342 of 2015 came to be
registered against the petitioners for the alleged commission of the
offences under Sections 498A/326B/506/34 of I.P.C. read with
Section 4 of the Dowry Prohibition Act. On the ground of
settlement, the petitioners are seeking quashing of the F.I.R and
consequential proceedings.
3. The allegation against the petitioners in the F.I.R. is that,
on 15.12.2015, the informant lodged a written report before the
I.I.C., Tirtol Police Station alleging therein that her marriage had
taken place in the year 2011 with the petitioner No.1 as per Hindu
rites and customs. At the marriage, her father had given some cash
and all other household articles. Misunderstanding in marriage
occurred and quarrel taken place between them, the petitioner No.1
came with a drunkard condition and attacked the opposite party
No.2. Hence, this case.
4. After investigation, charge-sheet has been filed in the
present case on 06.04.2016 for the alleged commission of offences
punishable under Sections 498(A)/323/406/506/34 of I.P.C. read
with Section 4 of the D.P. Act. Before the trial commenced, the
parties have entered into a settlement.
5. The petitioner No.1 and the opposite party No.2 had
applied for dissolution of marriage under Section 13(B) of the
Hindu Marriage Act, 1955 before the learned Judge, Family Court,
Jagatsinghpur by mutual consent. The learned Judge, Family Court,
Jagatsinghpur vide judgment dated 18.07.2024 in Civil Proceeding
No.266 of 2023 has allowed the petition and dissolved the marriage
between the petitioner No.1 and opposite party No.2. Pursuant to
the settlement terms, the agreed permanent alimony has also been
paid to the opposite party No.2.
6. The petitioners and the opposite party No.2 are present in
the Court and being represented and identified by their counsels.
They have also filed self-attested copy of their Aadhaar Cards to
establish their identity, which are taken on record.
7. The opposite party No.2 has filed an affidavit dated
05.11.2024, inter alia, stating as under:-
"2. That by virtue of the F.I.R. filed by the opp. Party
No.2 before the Tirtol Police Station, a case has been
registered vide Tirtol P.S. Case No.342 of 2015
corresponding to G.R. Case No.1367 of 2015 pending in
the file of Learned J.M.F.C., Tirtol, in the district of
Jagatsinghpur for offences punishable U/s 498 A, 323,
406, 506 and 34 of the IPC. Read with section 4 of the
D.P. Act.
3. That in the meanwhile the matter has already been
amicably settled between the parties in presence of family
members as well as well wishers of both the parties and
the parties have already filed a divorce petition before the
Judge, Family Court, Jagatsinghpur vide C.P. No.266 of
2023 and the same has been disposed off by the learned
court below and passed an order for decree of divorce on
mutual consent by dissolving the marriage dtd.
11.05.2011 between the parties and the opp. Party No.2
(Deponent) have already received the permanent alimony
of Rs.1,50,000/- from the petitioner No.1.
4. That the informant (Opp. Party No.2) do not want to
proceed with the aforesaid G.R. Case and the same may
be quashed/dropped, the opp. Party No.2 has no
objection."
8. On query from the Court, the opposite party No.2, who is
present in Court, submits that she has already received the
permanent alimony and has given consent for dissolution of
marriage. Therefore, she does not want to proceed with the case
against the petitioners as she has settled the dispute with the
petitioners.
9. Mr. Mohanty, learned Additional Standing Counsel for the
State submits that since the dispute is arising out of matrimonial
discord and the parties have settled their dispute and applied for
dissolution of their marriage, this Court may give indulgence in the
present matter as there is no legal impediment.
10. Regard being had to the fact that the parties have settled
their dispute and keeping in view 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, 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.
11. Accordingly, the criminal proceeding in connection with
G.R. Case No.1367 of 2015 arising out of Tirtol P.S. Case No.342
of 2015 pending in the Court of the learned J.M.F.C., Tirtol and the
consequential proceedings arising therefrom qua the petitioners are
quashed.
12. The CRLMC is accordingly disposed of.
Signed by: ASHOK KUMAR JAGADEB
MOHAPATRA (S.S. Mishra)
Reason: Authentication
Location: High Court of Orissa
Date: 05-Mar-2025
Judge
Swarna 12:12:55
